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