NDLI: Union of India Vs. Krishna Modi & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Freedom Fighters
Content Type	Text
Resource Type	Law Order
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Freedom Fighters – Pension – Scheme – Eligibility – Swatantrata Sainik Samman Pension Scheme, 1980 – Claim for pension under – Validity – Held: Claim of respondent no. 1 was, for the first time, made on 27.12.1982, whereas the Freedom Fighters Pension Scheme existed in year 1972, which was only amended in the year 1980 – Hence, it cannot be said that the respondent filed his claim promptly – Under the said scheme, a person eligible for the benefit should have remained underground for more than six months – It is not understood as to how respondent no. 1 could be categorised as a person who remained underground for a period of six months or more, merely on the basis of certificates issued by certain freedom fighters, who were themselves in jail during the period when they certified that respondent no.1 had remained underground – Even assuming that the certificate issued by the school authorities is authentic, simply because respondent no.1 did not attend the school during a particular period, when he was merely about 12 years of age, would not amount to respondent no.1 having remained underground because of his participation in the freedom struggle – Further, there was no recommendation of the State Government but the application of respondent no.1 was merely forwarded by the State Government – Mere fact that the State Government granted pension under some freedom fighters pension scheme of the State Government would not, by itself, entitle respondent no.1 to claim under the scheme of the Central Government, unless respondent no.1 fulfilled the conditions of the Central Government Scheme, which in the present case is SSS Pension Scheme, 1980 – On facts, the High Court overlooked the various requirements under the SSS Pension Scheme, 1980, which were to be fulfilled by respondent no.1 for grant of benefits of the Scheme, and allowed grant of pension to respondent no.1 merely on basis of sympathy, and because the State Government had granted benefit under a separate scheme of the State Government, and on certain presumption of respondent no.1 having remained underground for a certain period without there being proper authentication as required under the Scheme in question – Judgment of High Court set aside.
Judge	N/A
Neutral Citation	2022 INSC 144
Petitioner	Union Of India
Respondent	Krishna Modi & Anr.
SCR	[2022] 1 S.C.R. 638
Judgement Date	2022-02-03
Case Number	909

Sl.	Authority	Responsibilities	Communication Details
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
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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