T M SAINABA Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners in these cases have raised claim for freedom fighter's pension before the Central Government under the Swatantrata Sainik Samman Pension Scheme (for short SSS Pension Scheme) contending that on receipt of the freedom fighter's pension under the Kerala Freedom Fighter's Pension Rules, 1971, the grant of pension under SSS Scheme is automatic. Learned single judge took the view that granting of freedom fighter's pension by the State Government would not automatically qualify the incumbent to claim Central Government pension under SSS Pension Scheme. Contrary view has been taken by another learned judge in Sobha v. Union of India, 2005 (2) ILR Kerala 493.

(2.) We are in these cases called upon to examine the question as to whether once the State Government or the Central Government grants pension to a particular individual is he automatically entitled to get pension either under the State Government or under the Central Government scheme or vice versa. Let us examine the eligibility criteria laid down under both the schemes. Swatantrata Sainik Samman Pension Scheme (SSSP) 1980 is announced by the Government of India. Paragraph 3 of the Scheme deals with who are eligible dependents. The said provision is extracted below.

(3.) Government of India issued a communication dated 2-11-1998 to all the Chief Secretaries of the States, Union Territories as to how NARC has to be issued and what are the criteria to be followed for the same. The said communication is extracted below. I am directed to invite your kind attention to the policy guidelines in respect of non availability of official records certificates (NARC) under the Swatantrata Sainik Samman Pension Scheme, 1980, issued by this Ministry vide letter No. 8/12/95-FF (P) dated June 7, 1996 (copy enclosed). In spite of the above, the certificates received from your State do not conform to the said guidelines. 2. As per the Scheme, the claims of the applicants for Samman Pension are required to be supported by the duly verified official records of the relevant times. Only in case of non availability of such records, secondary evidence as specified in the scheme can be made basis of such claims. However, due care and attention is required in such cases in view of several instances of bogus/forged claims which have come to the notice of the Central Government. It is of utmost import- ance that before recommending such cases, complete facts of the case in which the applicant claims involvement, are verified from all the agencies which could have been concerned with the matter. These may include the police station concerned, the District Administration, the jurisdictional Court, competent authority issuing detention order, the advisory board/appellate Court, prison authorities, and intelligence agencies. Discrete enquiry should also be made to ascertain genuineness of the claims. The NARC should be issued only after the above verification. It is reiterated that the NARC should invariably be worded as follows :