Voluntary declaration of corrected birth date crucial in pension claim appeal success

The Supreme Court held that the respondent's voluntary declaration of his corrected date of birth during pension claim submission was significant. The absence of a proper inquiry before altering the date of birth did not annul his retirement, and his later acquittal did not necessitate reinstatement until a specific date. Consequently, the respondent's appeal was successful, leading to the dismissal of the High Court and Tribunal decisions in his favor.

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Issues involved: Determination of correct date of birth for retirement purposes, validity of altering date of birth based on criminal conviction, entitlement to service benefits post-retirement.

Summary:
1. The respondent's date of birth was initially recorded as 11.1.1948 based on his affidavit. Subsequently, a complaint alleged his actual date of birth as 2.4.1945, leading to a criminal case where he was convicted for submitting a false affidavit regarding his age.

2. The respondent voluntarily declared his date of birth as 2.5.1945 during pension claim submission, leading to his superannuation on 31.5.2003. His conviction was later overturned on appeal.

3. The respondent claimed that the employer altered his date of birth without proper enquiry, resulting in premature retirement. The Tribunal and High Court ruled in his favor, granting him service benefits till 31.1.2006.

4. The Supreme Court found that the respondent's voluntary declaration of 2.5.1945 as his date of birth during pension claim submission was crucial. The absence of an enquiry before altering the date of birth did not invalidate his retirement, and his subsequent acquittal did not warrant reinstatement till 31.1.2006.

5. The appeal was allowed, the High Court and Tribunal orders were set aside, and the respondent's application was dismissed.

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