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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Dec 262023
 

 

ESIC Aadhar Seeding Application due to e-KYC changes by UIDAI. The letter provides instructions and updates regarding the process of seeding Aadhar details for insurance persons and their family members. Here’s a summary of the key points in the letter:

1. Background: The letter refers to previous instructions on Aadhar seeding issued on May 25, 2023, and October 31, 2023.

2. UIDAI e-KYC Update: UIDAI has updated its e-KYC response, specifically regarding the sharing of the date of birth. If the date of birth in UIDAI is recorded as ‘declared or approximate,’ only the year of birth is being shared on the ESIC Aadhaar Seeding application.

3. ESIC Portal Update: The ESIC Portal has been updated to allow users to select the date and month (Date/MM) during the Aadhaar seeding process, based on available documentary evidence. When the declared date of birth matches with the details in ESIC records, Aadhar will be seeded. In case of a mismatch, an update IP details request will be generated for approval.

4. Procedure for Cases with Only Year Visible: In cases where only the year is visible in the date of birth column after seeding Aadhaar details, the person handling Aadhaar seeding will enter the date and month based on Aadhar Card or other documentary evidence. The Aadhar number will be seeded accordingly. Such cases will be marked distinctly on the profile of the insurance person as a declared date of birth, subject to verification when necessary.

5. Deleted Blank Cases: All blank cases of Aadhaar mismatch requests from the last 15 days have been deleted from the backend. Field offices are instructed to approach the individuals again to seed their Aadhar numbers in the ESIC portal.

6. Help Files: The letter mentions that help files containing screenshots of the updated portal are attached for guidance.

7. Compliance Request: Field offices are requested to ensure strict compliance with these guidelines and expedite the Aadhaar seeding work.

If you have any specific questions or need further clarification on any part of the letter, feel free to ask.


DOWNLOAD: ESIC Procedure for Updating Aadhar Details.
DOWNLOAD: Circular for Aadhar changes updated.

Courtesy by: PCS CONSULTANCY

 


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Sensys Technologies Pvt. Ltd.

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Call: +91 766 990 4748
Email: contact@sensysindia.com | Website: http://www.sensystechnologies.com
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Mar 292023
 

It has become a mandatory process to link your PAN with your Aadhaar. This is an important process because this will allow your income tax returns to be processed.

To provide some more time to the taxpayers, the date for linking PAN & Aadhaar has been extended to 30th June 2023, whereby persons can intimate their Aadhaar to the prescribed authority for PAN-Aadhaar linking without facing repercussions.

Checkout for more details: CLICK HERE


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Sensys Technologies Pvt. Ltd.

HO: 904, 905 & 906, Corporate Annexe, Sonawala Road, Goregaon East, Mumbai- 400 063.
Tel.: 022-6820 6100| Call: 09769468105 / 09867307971
Email: sales@sensysindia.com | Website: http://www.sensysindia.com
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