JUDGMENT

A. S. NAIDU, J. — Being aggrieved by the order dated 27.2.2002 (Annexure-7) issued by the Director of Lift Irrigation, Orissa, Bhubaneswar (opposite party No.2) directing the husband of the petitioner to deposit the total amount received by him as salary and allowances from the Corporation for the overstayal period in service, i.e. from 1.12.1988 to 31.8.1997 and threaten¬ing him to face criminal charges if not done so, the present Writ Petition has been filed.

2. The husband of the petitioner, Rama Chandra Nayak, was serving as a regular Pump Driver under the Orissa Lift Irrigation Corporation Limited, Cuttack. He joined service on 14.5.1966. In the service book of the employee his date of birth was noted as 25.11.1939. His name also found at sl. No. 98 of the gradation list prepared on 1.3.1989, vide Annexure-I which also reflects his date of birth to be 25.11.1939. The age of superannuation being 58th year, the employee was to retire on 30.11.1997. But then while he was continuing in service on 15.7.1997 an office order was issued indicating that he was to retire from service with effect from 30.11.1997. Subsequently, the said order dated 15.7.1997 was superseded by another order dated 17th October, 1997 to the effect that the employee was to be treated to have retired with effect from 30.11.1988 instead of 30.11.1997. There¬after the order dated 27.2.2002 (Annexure-7) was issued calling upon him to deposit the entire salary and allowances received by him from the Corporation for the period from 1.12.1988 to 31.8.1997.

The petitioner submits that her husband was born on 25.11.1939 and the said date is noted on the First Page of his Service Book and the gradation list and he was scheduled to retire from service on 30.11.1997 on completion of 58th year and in fact he had served till that date and had received salary. The allegation that he had tampered his date of birth in the Service Book is stoutly denied on the ground that the Service Book was in custody of the Corporation and the employee had no access to that.

The petitioner further submits that after receiving the order Annexure-7, her husband was deeply shocked, fell seriously ill and as adequate medical treatment could not be provided due to stringent financial difficulties he passed away on 28th June, 2002. Thereafter the petitioner approached the opposite party-authorities several times for disbursement of pension and other retirement benefits of her deceased husband, but then the latter are maintaining stoney silence and, as such, the petitioner had no option but to approach the portals of this Court.

3. After receiving notice, the opposite party-Corporation filed a counter affidavit taking the stand that the date of birth of late Rama Chandra Nayak was 25.11.1930 which was reflected in his Service Book. As per the said date, the employee ought to have retired on superannuation with effect from 30.11.1988. However the employee concerned managed to tamper the First Page of his Service Book to show that his date of birth was 25.11.1939. On the basis of such tampering with the date of birth, the employee continued in service till 1997. After coming to know the said fact immediate steps were taken to superannuated him. As the employee had manipulated his date of birth and there¬by managed to continue in service after 1.12.1988 illegally, he was neither entitled to salary or service benefit for the said excess period of service rendered by him and as such steps were taken for realization of the salary and allowances illegally drawn by him, and therefore the letter Annexure-7 was issued to him.

4. I have heard learned counsel for the petitioner and the learned counsel for the opposite party-Corporation at length and perused the documents annexed to the Writ Petition, counter-affidavit and rejoinder affidavit. It is admitted that the em¬ployee concerned had entered service under the Corporation on 14.5.1966. The first page of his service book, a Xerox copy of whi