VidhiSangh

Supreme Court of India · 22/02/2021

UNION OF INDIA versus A. ALAGAM PERUMAL KONE & OTHERS

[2021] 3 S.C.R. 796 · 2021 INSC 109

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court set aside a direction to grant central freedom-fighter pension that the High Court had issued without notice or an opportunity for the Union to file a counter-affidavit. An earlier rejection had become final, and the renewed claim raised factual and documentary questions requiring assessment under the scheme. State pension did not itself establish eligibility for central pension. The Union’s appeal was allowed and the writ petition dismissed.

Issues

  1. Whether the High Court could direct pension under the central scheme without hearing the Union or leaving disputed eligibility and proof to the competent authority.

Held

Result

Union’s appeal allowed; High Court judgment set aside and the writ petition dismissed without costs.

Judgment PDF: Supreme Court of India, [2021] 3 S.C.R. 796.