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

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 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 was to sanction pension under the Scheme, 1980, who fulfil the eligibilities as per the Scheme. The State pension for which Scheme and Rules have been formulated by different States including the State of Goa were on different eligibilities and the mere fact that a person is eligible or entitled to a State pension does not ipso facto makes him eligible for the SSSP Scheme, 1980. The object of the SSSP Scheme, 1980 was to grant the Freedom Fighters Central Pension to those, who fulfil the eligibility which object was clearly fulfilled in including the Goa Liberation Movement also under the Scheme. As noted above, representations were received from various quarters to extend the SSSP Scheme, 1980 to participants of Goa Liberation Movement particularly, those, who participated in the Second Phase of the Movement (1954-55). The Central Government decided to relax the conditions of eligibility under SSSP Scheme, 1980 by Scheme dated 17.02.2003 and while relaxing the Scheme cut-off date 01.08.2002 was fixed for making eligible the participants of Goa Liberation Movement. This Court has already noticed the rationale for fixing the cut-off date, which was fixed after due deliberation and consideration of relevant facts. [Para 25][753 A-F]

3. The submission of respondent No.1 is that there was no nexus with the object sought to be achieved by fixing the cut-off date 01.08.2002. As noticed, the object of SSSP Scheme, 1980 was to grant Central Pension to those who were eligible under the said Scheme. The Freedom Fighters of the Goa Liberation Movement were already included in the Scheme, 1980, who were eligible as per the said Scheme. Thus, with regard to Freedom Fighters of Goa Liberation Movement, the Scheme, 1980 covered them and the object was to grant only those Freedom Fighters of Goa Liberation Movement, who fulfilled the eligibility of SSSP Scheme, 1980. When Scheme was relaxed and extended to participants of the Goa Liberation Movement Second Phase, relaxation was granted in the eligibility as provided in the SSSP Scheme, 1980 with the condition that those who are in receipt of State pension by 01.08.2002 should be extended the benefit of relaxation. 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 Scheme, 1980 was always and still is to grant Freedom Fighters pension to those who fulfil the eligibility of SSSP Scheme, 1980. The submission of the respondent No.1 that object of SSSP Scheme, 1980 was to grant central pension to all those, who are in receipt of the State pension cannot be accepted. By relaxing, the SSSP Scheme, 1980 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, this Court is of the view that the Scheme dated 17.02.2003 has intelligible differentia and also nexus with the object. When relaxation is granted to a limited category, the others, who are not covered by the Scheme cannot claim any violation of the right of equality. Right of equality can be claimed only by those who fulfil the eligibilities under the SSSP Scheme, 1980. [Para 26][753 F-H;

754 A-E]

4. Thus, there was no error in rejecting the claim of respondent No.1 for grant of SSSP scheme as communicated by communication letters dated 16.11.2009 and 13.11.2014. The Government Scheme dated 17.02.2003 also did not suffer from any infirmity. [Para 32][756 D-E]

Mukund Lal Bhandari and Others v. Union of India and Others (1993) Supp. 3 SCC 2 : [1993] 3 SCR 891 – distinguished.