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K. VINOD CHANDRAN, PARTHA SARTHY
Fulwati Devi – Appellant
Versus
State of Bihar – Respondent
Partha Sarthy, J.—The instant appeal has been preferred against the order dated 12.8.2015 passed in CWJC No. 21526 of 2011 whereby the learned Single Judge was pleased to dismiss the writ application. The sole appellant having died during pendency of the instant appeal on 1.6.2023, was substituted in the case by his widow.
2. The writ petitioner-appellant filed CWJC No. 21526 of 2011 for the following reliefs:—
“I. For issuance of writ of certiorari quashing and setting aside the letter of communication bearing No.CZ/114/Gaya/104667/84-FF Bihar dated 29.04.2011 (Annexure-9) issued under the seal and signature of Respondent no.4 whereby and whereunder the said respondent instead of restoration of petitioner's freedom fighters samman pension (herein after referred to as "Samman Pension") and instead of compliance of the Hon'ble High Court's order dated 07.12.2010 passed in C.W.J.C. No. 16626 of 2009 has cancelled the Samman Pension Sanctioned to the petitioner w.e.f. 1.8.1980 in a most arbitrary and illegal manner and the said cancellation of Samman pension has been communicated by the impugned letter to the Accountant General (A&E)-1, Bihar and Jharkhand, P.O. Doranda, Ranchi and a co
The cancellation of the freedom fighter's pension was upheld due to insufficient evidence supporting the appellant's claims of participation in the freedom struggle.
(1) Whether a particular applicant is entitled for pension under Swatantrata Sainik Samman Pension Scheme of 1980, is a matter which is required to be considered having regard to facts and documentar....
The revised policy guidelines of 2014 cannot be applied retrospectively to deny relief to the petitioner, and the delay in processing the petitioner's application cannot be attributed to the petition....
The Court emphasized the need for a liberal and not a technical approach in considering the cases of freedom fighters seeking pension, in line with the object of the SSS Scheme, 1980.
The necessity of meeting both the evidentiary and eligibility criteria for the Swatantrata Sainik Samman Pension Scheme was stressed, along with the independence of the Central Government's decision ....
The court ruled that Personal Knowledge Certificates from recognized certifiers are valid evidence for pension claims under the Swatantrata Sainik Samman Pension Scheme, even when primary records are....
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