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october 1989

Supreme Court of India · 1989-10-25

R. NARAYANAN vs THE UNION OF INDIA

Citation / case number
SC 1989/69519
Court
Supreme Court of India
Petitioner
R. NARAYANAN
Respondent
THE UNION OF INDIA
Author
S. NATRAJAN
Bench
S. NATRAJAN

Judgment text excerpt

The Supreme Court interpreted Clause 3(e) of Para 4 of the Freedom Fighters Pension Scheme, ruling that 'permanently incapacitated' does not require total incapacitation. The Court held that the appellant, who suffered permanent loss of vision in one eye due to police violence during the freedom struggle, was entitled to pension despite the State's claim that his incapacitation was only partial. The Court emphasized that the absence of official records from 40 years prior should not invalidate the appellant's claim, thus allowing the appeal and granting pension.

R. NARAYANAN vs THE UNION OF INDIA · Niyam