Central Scheme's Eligibility Criteria Cannot Be Diluted or Expanded by High Court, Says Division Bench
In a significant ruling, the Madras High Court has underscored the importance of strict adherence to the eligibility criteria outlined under the Central Freedom Fighters' Pension Scheme. The Division Bench comprising Justices S.M. Subramaniam and C. Kumarappan delivered the judgment on December 15, 2025, in the case of Government of India v. S. Somasundaram (deceased) and Others, emphasizing that the conditions stipulated under the Swatantrata Sainik Samman Pension Scheme (SSS Scheme), 1980, must be rigorously followed.
The case arose when the Union of India challenged a writ order dated October 28, 2020, which had allowed the pension claim of S. Somasundaram, a deceased freedom fighter, under the Central Scheme despite his failure to meet the specific eligibility criteria. The writ court had previously opined that once a freedom fighter was granted pension under the State Government scheme, the Central Government scheme should automatically extend the same benefits, even if the Central scheme's eligibility criteria were not met.
Rejecting the writ court's approach, the Madras High Court emphasized that the Central Government's scheme and the State Government's scheme are distinct, each with its own set of provisions. The judgment clarified that the High Court, in its judicial review capacity, cannot expand the scope of policy decisions related to welfare schemes, as such action could lead to misuse and financial loss to the exchequer.
The Division Bench highlighted the necessity of specific documentary evidence for eligibility under the SSS Scheme, including imprisonment or detention certificates and acceptable secondary evidence supported by a Non-Availability of Records Certificate (NARC). The court pointed out that the failure to produce these essential documents renders an applicant ineligible for the Central scheme.
In light of established precedents from the Supreme Court, the judgment reiterated that the eligibility conditions under the Central scheme are to be followed strictly and cannot be diluted. The court also noted that while the State Government had granted pension to the deceased freedom fighter, this did not automatically entitle him to the Central pension, as the schemes are separate.
The ruling sets aside the writ order and allows the writ appeal filed by the Union of India, underscoring the imperative for freedom fighters to meet the prescribed criteria for pension under the Central scheme. The court advised the respondents to collect the required documents and re-present the application for consideration under the scheme.
Bottom Line:
Freedom Fighters' Pension Scheme - Central scheme eligibility criteria must be strictly adhered to, and High Court cannot expand the scope of the scheme beyond the terms stipulated.
Statutory provision(s): Swatantrata Sainik Samman Pension Scheme, 1980.
Government of India v. S.Somasundaram(deceased), (Madras)(DB) : Law Finder Doc Id # 2826199
