SEC.TO GOVT.OF INDIA vs SAWINDER KAUR

The Supreme Court ruled on the eligibility criteria for the grant of freedom fighter pensions under the Swatantrata Sainik Samman Pension Scheme, 1980, particularly in relation to ex-INA personnel. The Court held that while the 1980 Scheme allows for pension claims based on hardships endured during the freedom struggle, the applicant must provide credible evidence of such hardships, as outlined in the Ministry of Home Affairs circular No. 8/4/83-FF(P) dated 31.1.1983. The Court ultimately upheld the rejection of the pension claim due to insufficient evidence of imprisonment or hardship as required by the Scheme.