UNION OF INDIA Vs. PUNJAB SINGH

JUDGEMENT

(1.) Leave granted.

(2.) Punjab Singh, the respondent No. 1, applied for the grant of Freedom Fighters Pension under the Freedom Fighters Pension Scheme, 1972 framed by the Government of India. One of the eligibility conditions was that the applicants annual income from all sources combined should not exceed Rs.5,000/-. The respondent showed his total income from agricultural to be Rs. 2,500/- per annum. The State Government recommended his case for the grant of pension and the same was released w.e.f. 15-8-1972. On 7-11-1978, the Government of Punjab intimated the Central Government that the annual income of Punjab Singh exceeded Rs. 5,000/-. The Government of India, vide its letter dated 26-12-1978, suspended the release of pension to the respondent. The issue as to the verification of his annual income was taken up afresh. However, on 1-8-1980, the Government of India promulgated a fresh scheme, known as Swatantrata Sainik Samman Pension Scheme, 1980 in place of the 1972 Scheme. Under the new Scheme the ceiling on annual income as one of the eligibility conditions was waived.

(3.) On 24-9-1980, the Government of India issued a fresh grant of pension in favour of the respondent directing release of pension w.e.f. 1-8-1980 under the new scheme and at the same time directing that the amount drawn by him during the period when he was not eligible shall be liable to be adjusted against future payments. On 23-11-1996, the respondent filed a civil suit laying challenge to that much part of the order dated 24-9-1980 which upheld his ineligibility for the grant of pension under the 1972 Scheme and consequently directed adjustment of excess payment against the pension due and payable w.e.f. 1-1-1989. The suit has been decreed by the trial Court, which decree has been maintained in first and second appeals. The Union of India has filed this appeal by special leave.