UNION OF INDIA versus K. INDRASENA REDDY AND ANR.

UNION OF INDIA versus K. INDRASENA REDDY AND ANR.

Respondent No. 1 failed to establish fulfillment of eligibility criteria under the Scheme, as he was neither declared a proclaimed offender nor had an award for arrest announced or an order of detention issued but not served; mere issuance of detention order did not suffice.

Parties
Appellant: Union of India; Respondent No. 1: K. Indrasena Reddy; Respondent No. 2: Unknown
Jurisdiction
India
Judgment Date
02 April 2007
Procedural Posture
Civil Appeal / Appeal From Division Bench Judgment of High Court of Andhra Pradesh in Writ Appeal No. 73 of 2005
Outcome
Appeal allowed
Legal Topics
Pensions, Swatantrata Sainik Samman Pension Scheme
Constitutional Law Administrative Law Pensions Swatantrata Sainik Samman Pension Scheme

Case Brief

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Parties

Union of India

Appellant

K. Indrasena Reddy

Respondent No. 1

Unknown

Respondent No. 2

Procedural Posture

Civil Appeal / Appeal From Division Bench Judgment of High Court of Andhra Pradesh in Writ Appeal No. 73 of 2005

Legal Issues

  1. 1 Whether respondent No. 1 is eligible for pension under Swatantrata Sainik Samman Pension Scheme, 1980
  2. 2 Whether respondent No. 1 fulfilled the eligibility criteria for being underground as specified in Clause 2.3 of the Scheme

Ratio Decidendi

Respondent No. 1 failed to establish fulfillment of eligibility criteria under the Scheme, as he was neither declared a proclaimed offender nor had an award for arrest announced or an order of detention issued but not served; mere issuance of detention order did not suffice.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of Division Bench set aside
  • No costs