GURDIAL SINGH versus UNION OF INDIA AND ORS.

GURDIAL SINGH versus UNION OF INDIA AND ORS.

The appellant was entitled to pension under the Scheme from the date of application, but in view of the lapse of time and peculiar circumstances, pension granted with effect from March 1996 when appellant filed the first writ petition. Government was not justified in cancelling pension based on existing material which had previously justified its grant.

Parties
Appellant: Gurdial Singh; Respondents: Union of India and Ors.
Jurisdiction
India
Judgment Date
25 September 2001
Procedural Posture
Civil Appeal / Final (supreme Court)
Outcome
Appeal allowed
Legal Topics
Freedom Fighters Pension Scheme, Government Pension, Standards of Proof
Administrative Law Social Welfare Law Freedom Fighters Pension Scheme Government Pension Standards of Proof

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Parties

Gurdial Singh

Appellant

Union of India and Ors.

Respondents

Procedural Posture

Civil Appeal / Final (supreme Court)

Legal Issues

  1. 1 Whether appellant is entitled to pension under Freedom Fighters Pension Scheme, 1972 from the date of application
  2. 2 Whether Government was justified in cancelling pension and ordering recovery of paid amounts

Ratio Decidendi

The appellant was entitled to pension under the Scheme from the date of application, but in view of the lapse of time and peculiar circumstances, pension granted with effect from March 1996 when appellant filed the first writ petition. Government was not justified in cancelling pension based on existing material which had previously justified its grant.

Court Disposition

Appeal allowed

Orders

  • High Court and respondent order dated 1.11.2000 set aside
  • Appellant is entitled to pension from March 1996 as per orders of State and Union Government (Annexures P-9 and P-10)