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march 2008

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.

Union Of India & Ors vs Kashiswar Jana · Niyam