WP/4225/2005 of K.Venkat Rao Vs The Regional Provident Fund Commissioner on 29 December 2005

ORAL ORDER:

HON’BLE SRI JUSTICE GODA RAGHURAM

W.P.NO.4225 OF 2005

The petitioner’s date of birth in the Provident Fund records was erroneouslyregistered as 20.5.1957 instead of 1.7.1949. By the letter dated 12.7.2005 issued bythe Assistant Provident Fund Commissioner, Kukatpally to the Assistant ProvidentFund Commissioner, Regional Office, Hyderabad, a copy of which is marked to thepetitioner, the petitioner’s date of birth as recorded in his Provident Fund A/c No.AP/3071/11115 is changed to 1.7.1949 and the error corrected. Consequently, thepetitioner becomes eligible for drawal of pension, on the basis of his corrected dateof birth.

The grievance in the writ petition is as regards the non-payment of monthlypension under the Employees’ Family Pension Scheme, 1995 with effect from16.12.2001, the date of the petitioner’s retirement from service on superannuation.

In view of the fact that the petitioner’s date of birth has been corrected in theProvident Fund records and there is no impediment to the processing of thepetitioner’s claim for payment of family pension, the writ petition is disposed of, afterhearing the learned counsel for the petitioner and Smt. Kavitha Yadav, learnedcounsel for the respondents 1 and 2, directing the 1[st] respondent to process,sanction, and pay the family pension to the petitioner including the arrears of familypension with effect from 16.12.2001, within a period of two months from the date ofreceipt of a copy of this order. There shall however be no order as to costs.

GODA RAGHURAM, J

Date: 29.12.2005