Case Note & Summary
The case involved the Union of India appealing against a decision by the Division Bench of the High Court that quashed the cancellation of a Freedom Fighter pension granted to Jai Kishun Singh. The original respondent had initially been denied the pension in 1995 but was later granted it in 1997 with retrospective effect. Following complaints regarding the legitimacy of such pensions in Bihar, an inquiry revealed that the respondent's claim was not genuine, leading to the Union of India issuing a show-cause notice and subsequently cancelling the pension in 2004. The respondent's age during the freedom struggle was a critical factor, with evidence suggesting he was only 7 to 8 years old in 1942, making his participation improbable. The Division Bench's decision to uphold the pension was challenged by the Union of India, which argued that the age determination by a Medical Board was not based on scientific methods. The Supreme Court emphasized the need for documentary evidence over oral statements and highlighted the importance of ensuring that only genuine freedom fighters receive pensions. Ultimately, the Court restored the Single Bench's order, allowing the appeal and directing that the amount paid to the deceased respondent should not be recovered from his legal representatives.
Headnote
A) Pension Law - Freedom Fighter Pension - Withdrawal of Pension - Swatantrata Sainik Samman Pension Scheme, 1980, Section Not Mentioned - The Court held that the pension was wrongly granted based on insufficient evidence of participation in the freedom struggle, as the respondent was only 7 to 8 years old in 1942. The High Court's reliance on medical age determination was deemed unscientific, and the appeal was allowed, restoring the Single Bench's order to withdraw the pension (Paras 1-9).
Issue of Consideration
Whether the Freedom Fighter pension was undeservingly extended to the respondent despite lack of participation in the freedom struggle.
Final Decision
The Supreme Court allowed the appeal, restoring the Single Bench's order to cancel the pension. It was held that the respondent's claim was not genuine, and the amount paid would not be recovered from his legal representatives.
Law Points
- Freedom Fighter Pension
- Swatantrata Sainik Samman Pension Scheme
- 1980
- standard of proof
- documentary evidence
- bogus claims
