Supreme Court of India · 2008-03-31
Union Of India & Ors vs Kashiswar Jana
- Citation / case number
- AIR 2008 SUPREME COURT 1987
- Court
- Supreme Court of India
- Petitioner
- Union Of India & Ors
- Respondent
- Kashiswar Jana
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, P. Sathasivam
Judgment text excerpt
The Supreme Court held that the entitlement of a freedom fighter's pension should be determined from the date of the order granting the pension rather than the date of application. Citing the precedent in Union of India v. K.V. Swaminathan, the Court emphasized that when a claim is allowed based on the benefit of doubt, the pension is awarded from the date of the order. The Court upheld the High Court's decision to grant pension from 4th August 1993, rejecting the respondent's claim for earlier entitlement from 28th July 1981.