'Don't Employ A Hypertechical Approach' : Kerala High Court Directs State To Re-Consider INA Veteran's Application For Pension
2 years, 9 months ago

'Don't Employ A Hypertechical Approach' : Kerala High Court Directs State To Re-Consider INA Veteran's Application For Pension

Live Law  

The Kerala High Court on Wednesday directed the State government to reconsider the application moved by an Indian National Army veteran for a Central government pension scheme on the ground that his application was rejected for hypertechnical grounds.Justice Murali Purushothaman recorded that the petitioner's application was rejected mechanically without any application of mind. The Kerala High Court on Wednesday directed the State government to reconsider the application moved by an Indian National Army veteran for a Central government pension scheme on the ground that his application was rejected for hypertechnical grounds. Upon perusing the files relating to the petitioner's KFFP application, Justice Purushothaman noted that the District Advisory Committee under the KFFP scheme found the petitioner eligible considering the certificate issued by the All India INA Committee. In this background, the Court found that the State had refused to recommend the petitioner's application for SSSP without keeping in mind the object of the scheme.

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History of this topic

Pension Is Employee's Savings, Can Only Be Denied In Cases Of Fraud & Not Due To Pending Litigation Regarding Caste Status: Kerala High Court
8 months, 3 weeks ago

Pension Is Employee's Savings, Can Only Be Denied In Cases Of Fraud & Not Due To Pending Litigation Regarding Caste Status: Kerala High Court

Live Law  

The Kerala High Court directed the disbursal of pensionary benefits to a woman who retired in 2013, stating that she had not committed any fraud even though issues regarding her caste status were pending before the Court. The Division Bench comprising Justice A.Muhamed Mustaque and Justice Shoba Annamma Eapen stated that the pension cannot be denied to the petitioner due …

Only National Freedom Fighters Eligible For Benefits Under Swantantrata Sainik Samman Pension Scheme, Not Militancy Fighters: J&K High Court
1 year, 3 months ago

Only National Freedom Fighters Eligible For Benefits Under Swantantrata Sainik Samman Pension Scheme, Not Militancy Fighters: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently held that individuals who fought against militancy do not meet the criteria for pension under the Swantantrata Sainik Samman Pension Scheme. Justice Sanjay Dhar explained that the said pension scheme is particularly designed to honour those who actively participated in the National Freedom Struggle as prescribed in the SSA Pension. …

'Let Swaraj Be Given To The Victims Who Suffer At The Hands Of Modern Day Bureaucrat': Madras HC Orders Pension For Widow Of Freedom Fighter
2 years, 10 months ago

'Let Swaraj Be Given To The Victims Who Suffer At The Hands Of Modern Day Bureaucrat': Madras HC Orders Pension For Widow Of Freedom Fighter

Live Law  

In a writ petition filed by the widow of a freedom fighter for grant of Family Freedom Fighters Monthly pension, Madras High Court has set aside the rejection order by Freedom Figher Revenue Division and directed the processing of Petitioner's application under Swatantrata Sainik Samman Pension Scheme, 1980.While allowing the plea of the petitioner wife, the court also made some. …

Maharashtra must ensure freedom fighters and kin get pension on time, not make them file applications: Bombay HC
3 years, 2 months ago

Maharashtra must ensure freedom fighters and kin get pension on time, not make them file applications: Bombay HC

Firstpost  

The court on Thursday directed the Maharashtra government to start paying pension to the 90-year-old widow of a freedom fighter under the ‘Swatantrata Sainik Samman Pension Scheme, 1980’ from October 2021 Mumbai: If the pension scheme for freedom fighters and their dependents was introduced with a desire to help and honour such persons, then it ill behoves the Maharashtra government …

Requirements Under Schemes Not To Be Insisted Upon Mindlessly: Karnataka High Court Directs State To Sanction 94-Yr Old Freedom Fighter's Pension
3 years, 3 months ago

Requirements Under Schemes Not To Be Insisted Upon Mindlessly: Karnataka High Court Directs State To Sanction 94-Yr Old Freedom Fighter's Pension

Live Law  

Granting relief to a 94-year-old Freedom Fighter, who was denied Freedom Fighters Pension by the state government, the Karnataka High Court recently directed retrospective payment with effect from March 1998 and directed the State to settle all the arrears, within a period of six weeks. Findings Junking the submission of the state government, the court observed, "During the Freedom Struggle, …

Widowed Daughter Entitled to Dependent Pension Under Freedom Fighter Pension Scheme: HC
3 years, 4 months ago

Widowed Daughter Entitled to Dependent Pension Under Freedom Fighter Pension Scheme: HC

News 18  

The Delhi High Court has set aside a Central government order which stated that a widowed or divorced daughter of a deceased freedom fighter was not eligible for dependent pension under its Swatantrata Sainik Samman Pension Scheme. Justice V Kameswar Rao, who was hearing a challenge to the order filed by a widowed daughter of a deceased freedom fighter, asked …

Swatantrata Sainik Samman Pension Can Be Sanctioned As Per Proof Required Under The Scheme And In No Other Manner: Supreme Court
3 years, 10 months ago

Swatantrata Sainik Samman Pension Can Be Sanctioned As Per Proof Required Under The Scheme And In No Other Manner: Supreme Court

Live Law  

The Supreme Court observed that the pension under the Swatantrata Sainik Samman Pension Scheme can be sanctioned as per the proof required under the scheme and in no other manner.When the claim is under a particular pension scheme, unless one fulfills the eligibility criteria for grant of pension, as mentioned in the scheme, no applicant can claim such pensions, as …

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