Facts
The Applicants (an Association and an individual officer) had previously succeeded in OA No. 1524 of 2019, where the Tribunal directed the grant of Grade Pay of Rs. 5,400 to eligible members.
Source reference: p. 3While the Respondent Department implemented this order on 14.08.2020 for 443 members, a typographical error existed in the original list (Annexure A-13), listing member Mr. G. Gururaghavendran (Sl. No. 286) as "Mr. R. Gururaghavendran".
Source reference: p. 4Although the Department initially extended the benefits despite the error, the Pay & Accounts Officer (PAO) raised an objection during pension processing, as the member is due for retirement on 31.05.2026.
Source reference: p. 4The PAO insisted that the clerical error in the judicial record must be rectified by the Tribunal.
Source reference: p. 5Consequently, the Applicants filed the present Miscellaneous Application for correction of the name.
Source reference: p. 3Issues
1. Whether the typographical error in the name of an applicant in the judicial record (Annexure A-13) can be rectified to ensure the implementation of retirement and pensionary benefits.
Source reference: p. 5-6 / para. 5-7Law Applied
The court applied the principle of judicial rectification of "inadvertent typographical errors" in judicial records.
Source reference: p. 5It emphasized that "hyper-technical and untenable" objections by administrative or accounting authorities should not override substantive rights already recognized by a court of law.
Source reference: p. 6The court exercised its inherent power to ensure that a clerical mistake does not result in the denial of service benefits to an identically placed officer whose identity was otherwise clearly established by employee codes and service records.
Source reference: p. 5Reasoning
The Tribunal observed that the discrepancy between the initials "R." and "G." was a purely clerical oversight.
Source reference: p. 5It noted that the identity of the individual was never in doubt, as evidenced by his unique employee code and the fact that the 3rd Respondent had already clarified the error and previously extended the financial benefits to him in 2020.
Source reference: p. 4-5The Tribunal reasoned that since there was no other employee with a similar name in the zone, the PAO's refusal to accept the Department’s clarification was an unnecessary technicality.
Source reference: p. 5-6The court linked the necessity of this correction to the Applicant's impending superannuation, ensuring that his pension processing would not be stalled by a minor labeling error in the original application's annexure.
Source reference: p. 6Holding
The Tribunal allowed the application and directed the Registry to record the name at Sl. No. 286 in Annexure A-13 of OA No. 1524 of 2019 as "G. Gururaghavendran" instead of "R. Gururaghavendran".
The court specifically directed the Respondents and the Pay & Accounts Office to give full effect to this correction and process the applicant's pensionary and consequential benefits without further delay, noting his retirement date of 31.05.2026. The application was officially recorded as allowed.
Source reference: p. 6, para. 8Original Court PDF
ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICER ASSOCIATIONvsM/O FINANCE AND OTHERS
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