MOHAN LAL BHATRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner retired from service on 31.5.1991 after attaining the age of super-annuation. At the time of retirement, he was holding the post of Vaidh and his basic salary was 2300.00. He became entitled for pension and other post retiral benefits.

(2.) When the matter of payment of pension arose, on 2nd of Nov., 1991 a very strange objection was raised on behalf of the Government requiring the petitioner to file his original certificate of Board of Secondary School Education in order to verify the date of birth and finalisation of his pension case.

(3.) Shri A.K. Bansal appearing on behalf of the respondents No.1, 2 and 4 has stated that the required certificate, in order to verify his date of birth, has not been produced by the petitioner as yet, so the pension could not be paid. This Court fails to appreciate the contention so raised. Every action of the Government is supposed to be fair and is required to meet the test of resonableness. So far the date of birth is concerned, it might have been relevant at the time of appointment. It was extremely unfair on the pail of the Department to raise this objection after his retirement.