GOVERNMENT OF INDIA & ORS. versus SITAKANT S. DUBHASHI & ANR.

Citation: [2020] 3 S.C.R. 736 · Decided: 11-02-2020 · Supreme Court of India · Bench: ASHOK BHUSHAN · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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SUPREME COURT REPORTS
[2020] 3 S.C.R.
GOVERNMENT OF INDIA & ORS.
v.
SITAKANT S. DUBHASHI & ANR.
(Civil Appeal No. 987 of 2020)
FEBRUARY 11, 2020
[ASHOK BHUSHAN AND NAVIN SINHA, JJ.]
Freedom Fighter – Pension – Swatantrata Sainik Samman
Pension Scheme, 1980 – Goa Freedom Fighter’s Welfare Rules, 1988
– After liberation of Goa in 1961, the State framed the Goa Freedom
fighter’s Welfare Rules, 1988 – After several deliberations, a list of
22 persons was approved on 26.12.2007 for the State pension in
which respondent no. 1 was also included – The Swatantrata Sainik
Samman Pension Scheme, 1980 was extended by relaxing the
conditions contained therein to the participants of Goa Liberation
Movement, Phase-II by the Government order dated 17.02.2003 –
The scheme dated 17.2.2003 clearly provided that the Central
Pension is to be granted to the participants of the second phase of
Goa Liberation Movement who have been granted freedom fighter
pension by the State Government by 01.08.2002 – After receipt of
State Pension, the respondent no. 1 sent a representation dated
06.08.2009 to the Government of India for grant of SSSP scheme
from the Government of India – The Government of India found
respondent no. 1 ineligible for grant of SSSP scheme under the
relaxed criteria for Goa Liberation Movement, Phase-II – Writ
petition by respondent no. 1 – The High Court allowed the writ
petition and directed the appellant to grant the pension under SSSP
scheme to the respondent no. 1 w.e.f. 11.03.2008 – Before the
Supreme Court, the respondent no. 1 contended that the object of
SSSP scheme was to grant Central pension to all those who are in
receipt of the State pension and the scheme dated 17.02.2003 lacked
intelligible differentia and also nexus with the object – Held: The
object of the SSSP scheme was to grant the Freedom Fighters Central
Pension to those who fulfil the eligibilities as per the Scheme –
From the material available on record, it does appear that the
Government of India deliberated on the issue of cut-off date to
01.08.2002 and the said cut-off date was consciously fixed for
[2020] 3 S.C.R. 736
736
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extending the benefit of SSSP scheme to participants of Goa
Liberation Movement, Phase-II – The scheme was not an open-ended
scheme and relaxation was granted to a particular category of
persons, who were in receipt of the State pension by 01.08.2002 –
The relaxation granted by order dated 17.02.2003 cannot be said
to be the object of the Central Government – The object under
SSSP was always and still is to grant freedom fighters pension to
those who fulfil the eligibility of SSSP scheme – The submission of
respondent that object of SSSP was to grant Central Pension to all
those in receipt of the State pension cannot be accepted – By relaxing,
the SSSP scheme for a limited category, the object of the main scheme
shall not be lost nor those who are not covered by relaxed conditions
can claim right to grant of SSSP Scheme, 1980 – Thus, the scheme
dated 17.02.2003 has intelligible differentia and also nexus with
the object – There was no error in rejecting the claim of respondent
no. 1 for grant of SSSP Scheme, 1980.
Allowing the appeal, the Court
HELD: 1. From the material which has been brought on
record, it does appear that Government of India deliberated on
the issue of cut-off date to 01.08.2002 and the said cut-off date
was consciously fixed for extending the benefit of Swatantrata
Sainik Samman Pension Scheme, 1980 to participants of Goa
Liberation Movement, Phase-II. The eligibility under the SSSP
Scheme, 1980, is entirely different from the eligibility of the State
pension under the Goa Freedom Fighter’s Welfare Rules, 1988.
Goa was liberated in 1961. The State has framed the rules initially
in 1973 and thereafter in 1988. Freedom Fighters were sanctioned
pensions in aforesaid Goa Rules at least after 1973. The question
of extension of SSSP scheme to the participants of Goa Liberation,
Phase-II was being considered by the Central Government from
the year 2000 and ultimately, it was extended by Scheme dated
17.02.2003. [Para 23][752-B-E]
2. The SSSP Scheme, 1980 provided for eligibilities for
Freedom Fighters to make an application under the SSSP Scheme,
1980. Freedom Fighters of the Goa were also included and those
who fulfil the conditions therein were entitled to grant of the
pension. In the present case, this Court is concerned with the
SSSP Scheme, 1980. The object of the Scheme
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