SURJA AND OTHERS versus UNION OF INDIA AND ANR.

SURJA AND OTHERS versus UNION OF INDIA AND ANR.

Persons convicted during the Arya Samaj movement in Nizam's State and sentenced to more than six months' imprisonment before independence, even if released early due to amnesty or remission, are entitled to pension under the Freedom Fighters' Pension Scheme, as the scheme requires original sentence of six months or...

Source-derived case information.

Parties
Petitioner: Surja and Others; Respondent: Union of India and Anr.
Jurisdiction
India
Judgment Date
13 September 1991
Procedural Posture
Writ Petition (civil) / Final Judgment
Outcome
Petition allowed
Legal Topics
Freedom Fighters' Pension Scheme Eligibility, Arya Samaj Movement as Freedom Struggle, Constitution Article 32
Constitutional Law Administrative Law Freedom Fighters' Pension Scheme Eligibility Arya Samaj Movement as Freedom Struggle Constitution Article 32

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Surja and Others

Petitioner

Union of India and Anr.

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment

Legal Issues

  1. 1 Whether members of Arya Samaj movement convicted in Nizam's State are entitled to pension under the Freedom Fighters' Pension Scheme
  2. 2 Effect of remission/amnesty on eligibility for pension

Ratio Decidendi

Persons convicted during the Arya Samaj movement in Nizam's State and sentenced to more than six months' imprisonment before independence, even if released early due to amnesty or remission, are entitled to pension under the Freedom Fighters' Pension Scheme, as the scheme requires original sentence of six months or more.

Court Disposition

Petition allowed

Orders

  • Respondents are directed to admit each petitioner to pension under the Scheme within two months.
  • Pension to be paid with effect from 1st August 1980.