VidhiSangh

Supreme Court of India · 11/02/2020

GOVERNMENT OF INDIA & ORS. versus SITAKANT S. DUBHASHI & ANR.

[2020] 3 S.C.R. 736 · 2020 INSC 169

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Summary

The Supreme Court upheld the 1 August 2002 State-pension eligibility cutoff in the special relaxation of the Central freedom-fighter pension scheme for participants in Phase II of the Goa Liberation Movement. The claimant’s later State pension did not satisfy that condition or retrospectively undo rejection of his earlier application. State and Central eligibility differed, and the limited relaxation was not an open-ended entitlement for every State pensioner.

Issues

  1. Whether the cutoff for the special Central-pension relaxation was arbitrary.
  2. Whether State pension sanctioned from December 2007 entitled the claimant to the relaxed benefit because he had applied earlier.

Held

Result

Union’s appeal allowed and claimant’s writ petition dismissed. The special scheme and rejection communications of 16 November 2009 and 13 November 2014 upheld.

Judgment PDF: Supreme Court of India, [2020] 3 S.C.R. 736.