ORDER 1. Heard 2. The present application has been filed on behalf of the petitioner for payment of pest retiral dues as well as for payment of salary of the petitioner for the period October, 1994 to February, 1996. 3. It appears that the petitioner was working as Senior Foreman and he superannuated with effect from 29.2.96. It is to be stated that earlier the petitioner was superannuated on 29.2.1992 on the basis of the date of birth as 12.2.1934. According to the petitioner his date of birth was 12.2.38 and accordingly, petitioner challenged the aforesaid order in C.W.J.C. no. 2309/92 and a Division Bench of this court held that as the date of birth as recorded in the service book of the petitioner is 12.2.1938, unless and until the said date is altered in accordance with law, the question of asking the petitioner to superannuate prior to 12.2.1996 will not arise. Thereafter, the petitioner represented the matter before the Corporation and the Corporation vide Annexure-3 accepted the date of birth of petitioner as 12.2.1938 and held that the petitioner is entitled to salary from 12.1.94 when he joined the Corporation after the judgment passed by this court but is not entitled to salary from 1.3.92 to 11.1.1994 when he was not on duty. 4. In my view the Corporation is not justified in denying the salary from 1.3.92 to 11.1.94. He was out of employment due to wrong order passed by the Corporation which has been set aside by this court. There is no fault of the petitioner and as such he is entitled for the salary etc. for the period 1.3.1992 to 11.1.1994 provided the Corporation is satisfied that during this period he was not gainfully employed elsewhere. If he was not employed elsewhere, the salary for the said period be paid within three months. 5. So far as the payment of retirement dues of the petitioner is concerned, it appears that some amount has been paid and some is due. The petitioner is entitled to the payment of remaining amount. 6. Accordingly, the petitioner is directed to file a petition within one month giving details of the claims and the respondent no.2 will decide the matter within two months and if any amount is found due, then the said amount should be paid within four months from the date of disposal of the matter by the Corporation. 6. Accordingly, the petitioner is directed to file a petition within one month giving details of the claims and the respondent no.2 will decide the matter within two months and if any amount is found due, then the said amount should be paid within four months from the date of disposal of the matter by the Corporation. 7. With the aforesaid observations/directions, this application is disposed of.