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Union of India vs. Krishna Modi & Anr.

Civil Appeal · 2022 INSC 144Decided 3 Feb 2022
Civil Appeal No. 909 of 2022
Vineet Saran · Aniruddha Bose

Background

Krishna Modi applied in 1982 for a freedom fighter's pension under the Central Government's SSS Pension Scheme, 1980, claiming he had remained "underground" for about eight months in 1942-43 (aged around 12) as part of the freedom movement, relying mainly on the fact that his school records showed an unexplained gap in attendance and on certificates from other freedom fighters. The Union of India rejected his claim in 2009 for want of proof and lack of the State Government's recommendation. The Madhya Pradesh High Court's Single Judge, and then its Division Bench, ruled in Modi's favour and directed the Union to grant the pension with interest, prompting the Union's appeal to the Supreme Court.

Decision Breakdown

The Supreme Court held that the High Court's decisions had overlooked the Scheme's actual eligibility conditions: a claimant had to show he was a proclaimed offender, had a bounty announced on him, or had an unserved detention order, none of which was shown here. It found the certificates relied upon were suspect since the certifying freedom fighters were themselves in jail during the very period they certified Modi as "underground," a school-attendance gap for a 12-year-old was not proof of participation in the freedom struggle, the mandatory Non-Availability of Record Certificate was missing, and the State Government had only forwarded (not recommended) the application as required. The Court held the High Court had granted relief out of sympathy rather than on the Scheme's actual requirements, quashed both High Court judgments, and allowed the Union's appeal with no order as to costs, while commending the pro bono counsel appointed for the respondent.

Lesson Learnt

Sympathy for a claimed hardship, or benefits already granted under a separate (e.g. State) scheme, cannot substitute for actually satisfying the specific documentary and procedural eligibility conditions laid down in a government welfare scheme. Courts must hold claimants to those conditions even in emotionally compelling cases.

Official source (sci.gov.in)View Judgment (PDF)

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