Aadhar Card is Not Proof Of Date Of Birth, School Leaving Certificate Can Be Considered To Determine Pension: Gujarat High Court

 Aadhar Card is Not Proof Of Date Of Birth, School Leaving Certificate Can Be Considered To Determine Pension: Gujarat High Court  Compliances
Mar 192024
 

 

1. Introduction of the Case:

  • The court order identifies the case as a Special Civil Application No. 16484 of 2022, titled Gopal Bhai Naranbhai Vaghela versus Union of India & Anr., before the High Court of Gujarat at Ahmedabad.

2. Appearance of Parties:

The appearance section lists the legal representatives for each party:

  • Mr. Ramnandan Singh for the petitioner.
  • Mr. Pathik M. Acharya for respondent No. 1 (Union of India).
  • Mr. Yogi K Gadhia for respondent No. 2.

3. Prayers of the Petitioner:

  • The petitioner seeks several reliefs, including the issuance of a writ of Mandamus to fix his monthly pension under the Employees Provident Fund Scheme, payment of arrears, and other appropriate directions.

4. Facts Presented:

  • The petition outlines the petitioner’s employment history, stating he served in Ahmedabad Electricity Company Ltd. (renamed Torrent Power Ltd.) since 1984 and was superannuated on March 31, 2021.
  • It highlights a discrepancy in the petitioner’s recorded date of birth in his service record compared to his School Leaving Certificate, leading to a denial of pension benefits due to a mismatch with his Aadhar Card.

5. Arguments Presented:

Petitioner’s Argument:

  • Asserts the accuracy of his School Leaving Certificate regarding his date of birth.
  • Argues that Aadhar Card details should not dictate pension eligibility.

Respondents’ Responses:

  • Respondent No. 2 acknowledges the discrepancy but doesn’t contest the petitioner’s claimed date of birth.
  • Respondent No. 1 initially cites the Aadhar Card’s date of birth as grounds for withholding pension but later acknowledges the authority of Circular No. 08 of 2023.

6. Court’s Analysis:

  • The court evaluates the arguments presented by both parties, focusing on the relevance of primary documents in determining pension eligibility.
  • It considers legal precedents and Circular No. 08 of 2023, which clarifies the validity of documents for establishing date of birth.

7. Court’s Decision:

  • The court directs respondent No. 1 to release the petitioner’s pension and arrears within two weeks, considering the date of birth in the School Leaving Certificate as authoritative.
  • Failure to comply within the stipulated timeframe would result in interest accruing at a rate of 6% per annum on the pending amount.

8. Implications:

  • The ruling emphasizes the importance of accurate record-keeping and adherence to legal principles in resolving disputes related to pension benefits.
  • It ensures fairness and consistency in pension processing, establishing a precedent for future cases with similar discrepancies.

In summary, the court’s detailed analysis and step-wise decision-making address the petitioner’s claim while upholding legal standards and principles, ensuring an equitable resolution of the matter.

 

GOPALBHAI NARANBHAI VAGHELA Versus UNION OF INDIA & ANR. Document  👈 DOWNLOAD

 

Courtesy by: PCS Consultancy

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