JUDGMENT

R.C. Lahoti, J.-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 applicant s annual income from all sources combined should not exceed Rs.5,000/-. The respondent showed his total income from agriculture 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 res