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State Of Orissa vs Dr. (Miss) Binapani Dei & Ors on 7 February, 1967

15. The grievance of the Petitioner is that the date of birth should be rectified and his superannuation should be considered in terms of his identity card and not on the basis of the Aadhaar card. The further submission of the Petitioner is that either the date of birth should be taken as 1st January, 1957 as per the Registration card in which case the last membership would have Signature Not Verified Digitally Signed By:RAHUL W.P.(C) 8972/2021 Page 5 of 13 Signing Date:14.04.2023 16:09 2023:DHC:2534 been paid within the previous 12 months and alternatively the delay in paying the last membership be condoned under the proviso to Section 17 of the Act. He relies upon the Judgement of State of Orissa v. Binapani Dei & Ors., AIR 1967 SC 1269 to support his arguments. The relevant portion of the said judgement relied upon by the ld. Counsel for the Petitioner is extracted as under:
Supreme Court of India Cites 4 - Cited by 1001 - J C Shah - Full Document

Builders Association Of India And Ors. ... vs Union Of India (Uoi) And Ors. Etc. Etc. on 28 February, 2007

25. The reliance on the Aadhar Card in order to reject the application for Signature Not Verified Digitally Signed By:RAHUL W.P.(C) 8972/2021 Page 12 of 13 Signing Date:14.04.2023 16:09 2023:DHC:2534 pensionary benefits to the worker is completely contrary to the scheme and the spirit of the Act, which is a beneficial legislation as has been highlighted by a Division Bench of this Court in Builders Association of India and Ors v. Union of India (UOI) and Ors., (2007) ILR 1 Delhi 1143. The Board which as per its annual report of 2019-2020 has more than Rs.2,000/- crores in deposits and funds ought to go by its own records rather than any extraneous document. The Aadhar card submitted by the construction worker along with his application for pension, has been incorrectly made the reason for rejection of pensionary benefits by the Board.
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