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IN THE HIGH COURT AT CALCUTTA
Ajay Kumar Gupta
Narayan Chandra Maiti – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Ajay Kumar Gupta, J.
1. The writ petitioner has challenged the order dated 20th March, 2024 passed by the O.S.D. and Ex-Officio Joint Secretary to the Government of West Bengal in pursuant to Co-ordinate Bench’s Order dated 08.03.2024 in WPCRC 24 of 2024 in WPA No. 15216 of 2023. By the said impugned order, Government of West Bengal rejected the eligibility of the petitioner in Swatantrata Sainik Samma Pension as the original records are not available with the State Government and there is no scope to rescind the earlier decision of the Government of West Bengal.
2. The operative portion of the said impugned order is set out herein below in verbatim: -
“No material fact has changed since the State Advisory Committee’s decision on the instant matter which reads “Rejected in the 88th SACM on 26.12.85” and which was duly communicated to the applicant of SSSY Pension namely Sri Narayan Chandra Maiti s/o Late Parameshwar Maiti of village Chakdurgadas(Pur) P.O. Mahadole P.S. Tamluk Dist. Midnapur by the Assistant Secretary of the Government of West Bengal vide memo no. 1943 H.P.S /HIP-4(32908)/81 dated 14/25.04.1986 stating “The case was therefore examined again on the basis of th
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....
The main legal point established in the judgment is the admissibility of Personal Knowledge Certificates issued by veteran freedom fighters as secondary evidence for the grant of freedom fighters pen....
Acceptance of personal knowledge certificates issued by veteran freedom fighters as secondary evidence under the Swantantrata Sainik Samman Pension 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 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 main legal point established in the judgment is the importance of producing required proof as prescribed by the Swatantrata Sainik Sanman Pension Scheme, 1980, and the impact of failing to meet t....
(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....
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