Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Swatantrata Sainik Samman Pension ·Scheme 1980 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Swatantrata Sainik Samman Pension ·Scheme, 1980 - Dependent family pension - Benefit under the Scheme - Freedom fighter, accused and arrested in a criminal case emanating from freedom struggle movement - Claim of pension by widow - Eligibility-Held: Freedom fighter did not meet the eligibility criteria of either being an underground within the meaning of the Scheme for more than six months or undergoing sentence for more than six months and as such he was ineligible - Being 'underground' is not synonymous to being as 'absconder' - Further, there were discrepancies and ambiguities relating to the documents and also due to non-production of Non-Availability of Record Certificate, benefit of the Scheme could not be extended to the widow - High Court rightly held that the Central Government was well within its power to hold that the freedom fighter was ineligible to seek pension under the Scheme - Thus, the impugned order does not call for interference. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2017 INSC 89 |
Petitioner | Jagdamba Devi |
Respondent | Union Of India And Ors. |
SCR | [2017] 1 S.C.R. 481 |
Judgement Date | 2017-01-31 |
Case Number | 1260 |
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