CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH O.A No. 180/00360/2023 Friday, this the 17^th day of May, 2024.

CORAM:

HON'BLE Mr. JUSTICE SUNIL THOMAS, JUDICIAL MEMBER T.K. Vijayamma, aged 81 years, (Family Pensioner), W/o Late M.R. Sreeramakrishna Pillai, (Pensioner), Senior Technical Assistant (D), Drilling Division, Geological Survey of India, Southern Region, Hydrabad.

Krishna Sadanam, Venpala P.O., Thiruvalla, Pathanamthitta District, Kerala -689 102. -Applicant [By Advocate : Mr. Pramod Kumar K.G.]

Versus

1. Union of India, Represented by Secretary, Ministry of Mines, Room No.320 -'A' Wing, Shastri Bhawan, New Delhi-110 001.

2. Deputy Director General, Geological Survey of India, Southern Region, Bandlaguda, Hyderabad, Telengana-500 068.

3. Pay and Accounts Officer, Geological Survey of India, Southern Region, Engineering Division, Bandlaguda, Hyderabad, Telengana-500 068.

4. Drawing and Disbursing Officer, Geological Survey of India, Southern Region, Engineering Division, Bandlaguda, Hyderabad, Telengana-500 068.

5. Secretary, Department of Pension and Pensioners' Welfare, 3^rd Floor, Lok Nayak Bhawan, Khan Market, New Delhi-110 003.

6. Director, Department of Pension and Pensioners' Welfare, 3^rd Floor, Lok Nayak Bhawan, Khan Market, New Delhi-110 003. -Respondents [By Advocate : Mr. V.N. Mohanadasan, ACGSC]

The Original Application having been heard on 17.05.2024, the Tribunal on the same day delivered the following:

O R D E R (Oral):-

The husband of the applicant, Late M.R. Sreeramakrishna served the respondents department from 31.07.1964 to 31.05.1992 and retired on superannuation on 31.05.1992. After his expiry, family pension was sanctioned to his wife, the applicant herein. The date of birth of the applicant was shown as 10.07.1944 in Annexures A1 & A2 Pension Payment Order. However according to the applicant, her correct date of birth is 20.07.1942. She submitted Annexure A3 representation seeking correction of date of birth invoking Annexure A4 Office Memorandum, which, according to her, permitted correction of date of birth of the family pensioner. By Annexure A9 reply, she was directed to submit the PPO. Accordingly, she enclosed the PPO by Annexure A10. Since the date of birth of the applicant is not corrected, she has approaced this Tribunal.

2. The stand taken by the respondent in the reply statement as evident from paragraph 4 is that since the date of birth has been furnished by her husband himself and recorded, it cannot be corrected by virtue of Clause 4(i) of Annexure A4. The crux of the defence set up by the respondents is evident from the reply statement in the following words.

''......it is respectfully submitted that, Shri M.R. Sreeramakrishna Pillai, served this department in the Drilling division, GSI, SR, Hyderabad from 31-07-1964 to 31-05-1992 and retired on superannuation on 31-05- 1992. Shri Pillai had submitted the (family declaration) details of family in the prescribed form Rule 54 (12) and other pension papers at the time of his superannuation, as is mandatory (on 07-01-1992) in which he submitted the date of birth of his spouse, i.e., Vijayamma was 10- 07-1944 which was taken on the office records. (copies of the said papers/documents is produced herewith and marked as Annexure-R2). Shri Pillai, had, both during the period of service of the Government and after superannuation, never brought the discrepancy to the notice of this office requesting change of date of birth of his spouse on being wrongly submitted by him/recorded by the office, as he himself submitted the said (at the time of superannuation) date of birth of his spouse precisely as 10-07-1944 which was taken on the office records. The Government vide its O.M. dated the 13th September, 2012, gave an opportunity to the pensioners to request the office in which they / their spouses were employed, to request recording / change of date of birth of the family pensioners only in case the same was absent / wrongly recorded in the office records. In