Angel vs Unique Identification Authority of India (Uidai) - Court Judgment

SooperKanoon Citationsooperkanoon.com/1328571
CourtKerala High Court
Decided OnJul-22-2024
Case NumberWP(C)/24938/2024
JudgeHonourable Mr. Justice D. K. Singh
AppellantANGEL
RespondentUnique Identification Authority of India (Uidai)
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr. justice dinesh kumar singh monday, the 22nd day of july 2024 / 31st ashadha, 1946 petitioner: 1 angel, aged 64 years, w/o. cleetus y., 2 cletus y., aged 70 years, s/o. yohannan, by advs. sri. m. m. ziyad sri. t. a. prakash smt. m. j. sajitha respondents: 1 unique identification authority of india (uidai), government of india, rep.by its director general, bangla sahib road, behind kalimandir, gole market, new delhi, pin - 110001. 2 unique identification authority of india (uidai), uidai state office, thiruvananthapuram (kerala), doorsanchar bhavan, pmg junction, thiruvananthapuram, pin - 695033. 3 defence pension disbursing officer, defence pension disbursing office, prathibha junction, kadappakkada, kollam, pin - 691008. by adv. sri. suvin r. menon sri. t. c. krishna - dsg this writ petition (civil) having come up for admission on 22.07.2024, the court on the same day delivered the following:dinesh kumar singh, j.-------------------------- w.p.(c) no. 24938 of 2024 ------------------------- dated this the 22nd day of july, 2024judgment1. the present writ petition has been filed for the following reliefs;(i) issue a writ of mandamus or any other1st and 2nd respondents to consider the application of the 1 st petitioner to rectify the wrong date of birth in exhibit p1 aadhaar card of the 1 st petitioner on the basis of exhibit p2 service book of the 2 nd petitioner within a short time to be stipulated by this hon’ble court;(ii) issue a writ of mandamus or any otherthe 3 rd respondent to accept the aadhaar card of the 1 st petitioner after correcting the date of birth to 20.01.1960 for the purpose of pension payment order.(iii) to dispense with filing of english translation of vernacular documents; and(iv) grant such other further reliefs as this hon’ble court deems fit and proper in the interest of justice.2. the 2nd petitioner who served under the air defence artillery in the indian army retired from service on 31.01.1995. the 1 st petitioner is his wife.3. the learned counsel for the petitioners submits that, the 1 st petitioner’s date of birth is 20.01.1960. however, in the aadhaar card her date of birth is shown as 01.01.1959.4. the aadhaar card is not a proof of date of birth. thepetitioners can apply for correction in the aadhaar card going before the akshaya centre. this court would not like to entertain this kind of writ petitions. hence, the present writ petition is hereby dismissed. sd/- dinesh kumar singh judge svn appendix of wp(c) 24938/2024 petitioner’s exhibitsexhibit p1 true copy of the aadhaar card issued by the 1 st respondent with enrolment no. 06.08.2012 exhibit p2 true copy of the relevant page of service book of the 2 nd petitioner issued from the indian army exhibit p3 true copy of the particulars of the pension entitlements issued from the office of the principal cda (pensions) allahabad exhibit p4 true copy of the identity card of the 2nd petitioner issued by ex-servicemen contributory health scheme authority
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH MONDAY, THE 22ND DAY OF JULY 2024 / 31ST ASHADHA, 1946 PETITIONER: 1 ANGEL, AGED 64 YEARS, W/O. CLEETUS Y., 2 CLETUS Y., AGED 70 YEARS, S/O. YOHANNAN, BY ADVS. SRI. M. M. ZIYAD SRI. T. A. PRAKASH SMT. M. J. SAJITHA RESPONDENTS: 1 UNIQUE IDENTIFICATION AUTHORITY OF INDIA (UIDAI), GOVERNMENT OF INDIA, REP.BY ITS DIRECTOR GENERAL, BANGLA SAHIB ROAD, BEHIND KALIMANDIR, GOLE MARKET, NEW DELHI, PIN - 110001. 2 UNIQUE IDENTIFICATION AUTHORITY OF INDIA (UIDAI), UIDAI STATE OFFICE, THIRUVANANTHAPURAM (KERALA), DOORSANCHAR BHAVAN, PMG JUNCTION, THIRUVANANTHAPURAM, PIN - 695033. 3 DEFENCE PENSION DISBURSING OFFICER, DEFENCE PENSION DISBURSING OFFICE, PRATHIBHA JUNCTION, KADAPPAKKADA, KOLLAM, PIN - 691008. BY ADV. SRI. SUVIN R. MENON SRI. T. C. KRISHNA - DSG THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

DINESH KUMAR SINGH, J.

-------------------------- W.P.(C) No. 24938 of 2024 ------------------------- Dated this the 22nd day of July, 2024

JUDGMENT

1. The present writ petition has been filed for the following reliefs;

(i) issue a writ of mandamus or any other

1st and 2nd respondents to consider the application of the 1 st petitioner to rectify the wrong date of birth in Exhibit P1 Aadhaar Card of the 1 st petitioner on the basis of Exhibit P2 service book of the 2 nd petitioner within a short time to be stipulated by this Hon’ble Court;

(ii) issue a writ of mandamus or any other

the 3 rd respondent to accept the Aadhaar card of the 1 st petitioner after correcting the date of birth to 20.01.1960 for the purpose of pension payment order.

(iii) To dispense with filing of English translation of vernacular documents; and

(iv) Grant such other further reliefs as this Hon’ble Court deems fit and proper in the interest of justice.

2. The 2nd petitioner who served under the Air Defence Artillery in the Indian Army retired from service on 31.01.1995. The 1 st petitioner is his wife.

3. The learned Counsel for the petitioners submits that, the 1 st petitioner’s date of birth is 20.01.1960. However, in the Aadhaar Card her date of birth is shown as 01.01.1959.

4. The Aadhaar Card is not a proof of date of birth. The

petitioners can apply for correction in the Aadhaar Card going before the Akshaya Centre. This Court would not like to entertain this kind of writ petitions. Hence, the present writ petition is hereby dismissed. Sd/- DINESH KUMAR SINGH JUDGE Svn APPENDIX OF WP(C) 24938/2024 PETITIONER’S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE AADHAAR CARD ISSUED BY THE 1 ST RESPONDENT WITH ENROLMENT NO. 06.08.2012 EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF SERVICE BOOK OF THE 2 ND PETITIONER ISSUED FROM THE INDIAN ARMY EXHIBIT P3 TRUE COPY OF THE PARTICULARS OF THE PENSION ENTITLEMENTS ISSUED FROM THE OFFICE OF THE PRINCIPAL CDA (PENSIONS) ALLAHABAD EXHIBIT P4 TRUE COPY OF THE IDENTITY CARD OF THE 2ND PETITIONER ISSUED BY EX-SERVICEMEN CONTRIBUTORY HEALTH SCHEME AUTHORITY