K.S. Radhakrishnan, Ag. C.J.

Petitioners in these cases have raised claim for freedom fighter’s pension before the Central Government under the Swantrata 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) I.L.R. 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. Who are Eligible Dependents? For the purpose of grant of Samman pension, family includes (if the freedom fighter is not alive) mother, father, widower/widow if he / she has not since remarried, unmarried daughters.

Not more than one eligible dependent can be granted pension and in the event of availability of more than one dependent the sequence of eligibility will be widow/widower, unmarried daughters, mother and father.

Paragraph 9 of the Scheme gives details of the documents to be produced by the applicant to prove his claim. The Kerala Freedom Fighters’ Pension Rules, 1971 came into force on 1.4.1971 which also lays down the eligibility criteria and other relevant factors to be taken into consideration for the grant of freedom fighters’ pension. Distinguishing features of the Kerala Freedom Fighters’ Pension Rules, 1971 and the Swantrata Sainik Samman Pension Scheme, 1980 are as follows:

The criteria to be adopted in considering the various applications under the State Rules as well as the Central Scheme are distinct and different. Under the Central Scheme a person who had suffered a minimum imprisonment of six months is eligible. Further any proclaimed offender who remained underground for more than six months is qualified for pension under the Central Scheme. A person on whom an award for arrest/head was announced or wherein order of detention was issued but not served is eligible. So far as State is concerned, criterion is different as per the table mentioned above. As per the State Rules any relevant information is sufficient to satisfy the claim. Production of either of certificate from jail authority. District Magistrate, State Government, order from courts/Govt. proclamation, certificate from veteran freedom fighters, order of internment/externment along with the application is mandatory as per the Central Rules. As per the State Rules the entire process should be undertaken by the Collector or his authorized representatives. So far as Central Rule is concerned, application should be scrutinized in consultation with State Advisory Board on the basis of the copy of the application. Paragraph 9 of the Central Scheme gives details as to how the claims are to be proved with evidence. The said provision is extracted below:

9. How to prove the claims (Evidence required). The applicant should furnish the documents indicated below whichever is applicable.

(a) Imprisonment/Detention etc. Certificate from the concerned jail authorities, District Magistrates or the State Government. In case of non availability of such certificates co-prisoner certificates from a sitting M.P. or M.L.A. or from an ex M.P. or an ex M.L.A. specifying the jail period (Annexure 1 in the app