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february 2007

Supreme Court of India · 2007-02-15

UNION OF INDIA vs KAUSHALAYA DEVI

Citation / case number
SC 2005/15661
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
KAUSHALAYA DEVI
Author
MARKANDEY KATJU
Bench
MARKANDEY KATJU S. B. SINHA

Judgment text excerpt

The Supreme Court held that the Freedom Fighters’ Pension should be granted from the date of the order granting the pension, not from the date of the application. This decision aligns with the precedent set in Government of India vs. K.V. Swaminathan (1997) 10 SCC 190, where claims allowed on the basis of doubt are effective from the order date. The Court distinguished the case from Mukand Lal Bhandari Vs. Union of India & Ors. AIR 1993 SC 2127, clarifying that it does not preclude granting pension from a date subsequent to the application.

UNION OF INDIA vs KAUSHALAYA DEVI · Niyam