In Brief
Union of India challenged a High Court order granting freedom fighter's pension to Krishna Modi under the Swatantrata Sainik Samman Pension Scheme, 1980. Modi claimed eight months of underground activity during the 1942 freedom movement. The Supreme Court set aside the High Court's decision, holding that statutory scheme eligibility criteria must be strictly observed. Absence from school and certificates from persons themselves imprisoned at the time were insufficient proof. Crucially, the State Government had merely forwarded his application without the mandatory recommendation required by the scheme. Benefits cannot be awarded based on sympathy or presumption without meeting all statutory requirements."
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