UNION OF INDIA Vs. KRISHNA MODI

JUDGEMENT

(1.) Leave granted.

(2.) The present matter relates to grant of pension under the Swatantrata Sainik Samman Pension Scheme, 1980 (for short 'SSS Pension Scheme') introduced by the Central Government on 15.08.1981.

(3.) The brief facts of this case are that in response to the SSS Pension Scheme,1980, the respondent no. 1 submitted an application before the Central Government on 27.12.1982 claiming freedom fighter's pension on the ground that he suffered eight months confinement in the freedom movement in the year 1942, in the form of being underground for such period. It is the case of the respondent no. 1 that from the period of 21.11.1942 to 20.08.1943 (during which he did not attend the school), he remained underground and hence, would be entitled for pension under the said SSS Pension Scheme. Since the application of the respondent no. 1 was not considered, he filed a writ petition before the Madhya Pradesh High Court, which was disposed of by giving a direction to the appellant/Union of India herein to decide the claim of the respondent no. 1. The matter travelled to the High Court on several occasions and ultimately, on 03.02.2009, the application of the respondent was rejected by the appellant.