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Supreme Court of India 2020-02-11 allowed

Government of India & Ors vs Sitakant S. Dubhashi & Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

This case involved a challenge to the cut-off date in the Swatantrata Sainik Sanman Pension Scheme 1980 under which the Government of India denied pension to the respondent. The High Court struck down the cut-off as arbitrary, reasoning that no specific denial or reply was filed. The Supreme Court allowed the Government's appeal, holding that eligibility for state pension does not automatically qualify someone for the SSSP Scheme, which has distinct eligibilities. The Court emphasized that the cut-off date cannot be deemed arbitrary without examining its nexus to the Scheme's object, and the Government's subsequent production of supporting materials justified the fixed cut-off date. The writ petition was dismissed.

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Constitutional Law Administrative Law Social Security Pension Schemes Freedom Fighters Mandamus Arbitrariness Article 14 State Pension

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