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The Legal Affair

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The Legal Affair

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Resolving Pension Discrepancies: Validity of School Leaving Certificate vs. Aadhar Card

Resolving Pension Discrepancies: Validity of School Leaving Certificate vs. Aadhar Card

Introduction:

In a recent case heard by the Gujarat High Court, a petitioner, who served for over 30 years, faced pension payment issues due to a discrepancy between his School Leaving Certificate and Aadhar Card. The petitioner contended that his accurate date of birth, as per the School Leaving Certificate, entitled him to pension payment upon superannuation. However, the respondent, citing the Aadhar Card, denied the pension release. The court’s decision addressed this conflict, highlighting the importance of accurate documentation for pension entitlement.

Arguments:

Advocate Ramnandan Singh, representing the petitioner, emphasized the validity of the School Leaving Certificate’s date of birth, asserting the petitioner’s entitlement to pension based on this document. On the other hand, Advocate Yogi Gadhia, representing the respondent, acknowledged the discrepancy but emphasized the necessity of adhering to the date mentioned in the service record.

Court’s Judgment:

Justice Mauna M Bhatt of the Gujarat High Court ruled in favor of the petitioner, emphasizing the School Leaving Certificate’s validity for determining the date of birth. Citing a circular by the Unique Identification Authority of India, the court directed the respondent to release the pension, along with arrears, within two weeks. Failure to comply would incur interest at 6% per annum. This decision underscored the importance of accurate documentation and recognized the School Leaving Certificate as a valid proof of date of birth.