Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
G.S. Sandhawalia, CJ, RANJAN SHARMA
Union of India – Appellant
Versus
Mahanti Devi – Respondent
JUDGMENT :
G.S. SANDHAWALIA, CJ..
1. The present appeals by the Union of India & State of Himachal Pradesh, have been preferred against the judgment dated 02.01.2017 passed by the learned Single Judge in CWP No. 10620 of 2021, titled Mahanti Devi vs. Union of India & Anr. filed by the widow of the Freedom Fighter, who is asking for pension under the Swatantrata Sainik Pension Scheme, 1980 from the date of her application and had challenged the rejection order dated 11.04.2007 [Annexure PK in the writ file] and prayed for payment of arrears of pension alongwith interest @ 12% and had also asked the State to decide her application within a period of three months as per law laid down in Mukand Lal Bhandari vs. Union of India, AIR 1993 SC 2127.
2. Learned Single Judge allowed the writ petition and directed that the financial assistance be granted under the updated Scheme i.e. “Scheme for the Grant of Financial Assistance by the Government of Himachal Pradesh to the Freedom Fighters of Himachal Pradesh” w.e.f. 01.01.2012, which is the date of knowledge. Resultantly directions were issued to grant pension both under the Central Scheme and State Scheme and the findings were recorded that th
A liberal approach to evidence is essential in pension claims under the Swatantrata Sainik Pension Scheme, ensuring entitlement is determined based on substantial participation evidence.
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 absence of a final sanction order and express policy guidelines prohibit the grant of pension posthumously, irrespective of previous recommendations.
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.
(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 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 importance of producing required proof as prescribed by the Swatantrata Sainik Sanman Pension Scheme, 1980, and the impact of failing to meet t....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
