NDLI: Union of India Vs. A. Alagam Perumal Kone & Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Freedom Fighter Pension
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Freedom Fighter Pension: Claim for pension under Swatantrata Sainik Samman Pension Scheme – First respondent at first instance had applied for grant of pension in the year 1997 claiming that he was underground during the Quit India Movement of 1942 i.e. during the period from August, 1942 up to a period of more than six months – Non-Availability of Records Certificate (NARC) from the Government was not produced along with the first application and merely a certificate, certified by the C.J.M., Madurai, was produced – The first application, which was forwarded to the appellant, was without any specific recommendation – Claim was considered and rejected – The said order became final and the same was not questioned – Nearly after 13 years of such rejection, first Respondent again claimed pension under the Swatantrata Sainik Samman Pension Scheme on the plea of his imprisonment for more than six months for participating in the Quit India Movement – In the said application, he stated that he was imprisoned for more than six months i.e. from 05.01.1944 to 05.07.1944, which was in variance to the period which he has mentioned in the first application – Without issuing notice and without giving opportunity to the appellant to file counter affidavit, High Court disposed of petition by granting pension – On appeal, held: Claim of the first Respondent was under the scheme, notified by the appellant-Government – The scheme prescribes to file certain documents to authenticate the imprisonment of a claimant as a freedom fighter – Whether the claimant fulfills the criteria or not, it is for the competent authority to examine it – Moreover, when the application of the first Respondent was already rejected in the year 1997, when such rejection order became final, it was not open for the first Respondent to make a claim for second time for pension again by way of fresh application – When such serious factual disputes emerge for consideration, the High Court ought not to have disposed of the petition filed by the Respondent without even issuing notice and giving opportunity to file counter affidavit to rebut the allegations made by the appellant.
Judge	Hon'ble Mr. Justice R.Subhash Reddy
Neutral Citation	2021 INSC 109
Petitioner	Union Of India
Respondent	A. Alagam Perumal Kone & Others
SCR	[2021] 3 S.C.R. 796
Judgement Date	2021-02-22
Case Number	680

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
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Union of India Vs. A. Alagam Perumal Kone & Others

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