Jammu and Kashmir and Ladakh High Court: While deliberating over the instant petition seeking direction upon the respondents to consider the petitioner as freedom fighters and include his name in the Swantantrata Sainik Samman Pension Scheme of the Government of India; the bench of Sanjay Dhar, J.*, stated that a person who has fought against the militancy is not eligible under the said Scheme. Only those persons who have participated in the National Freedom Struggle, are eligible for benefits under the Scheme.
The petitioner submitted before the court that he had rendered exemplary services for the State while fighting against various militants in his individual capacity and in this regard, he was conferred appreciation certificate by the Indian Army operating in Kupwara district. On this ground, the petitioner urged that he is eligible for the grant of pension under the aforesaid Scheme.
Per contra, the respondents stated that that only those persons who have participated in the freedom movement and fulfilled eligibility criteria/condition laid down in Swantantrata Sainik Samman Yojana are eligible for grant of benefit under the said Yojana.
Perusing the relevant clauses of SSA Pension, 1980, the Court noted that only freedom fighters who fought in the Indian Freedom Struggle are covered under the purview of the scheme and not persons fighting against militancy. Noting the ineligibility of the petitioner, the Court dismissed the instant petition.
[Noor Ahmad Shah v. Union of India, 2023 SCC OnLine J&K 614, decided on 04-08-2023]
*Order by Justice Sanjay Dhar
Advocates who appeared in this case :
Petitioner- I. Sofi, Adv
Respondent- T. M. Shamshi, DSGI.
