Union of India v. v. K. Sarasa
Case brief
What is this about?
The High Court dismissed the Union of India's appeal against a single judge order granting Swatantrata Sainik Samman Pension to a widow of a freedom fighter, upholding the need for a liberal proof standard.
What did the court decide?
The writ appeal filed by the Union of India against the High Court judgment was dismissed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 23RD DAY OF NOVEMBER 2022 / 2ND AGRAHAYANA, 1944
W.A.NO.818 OF 2022
AGAINST THE JUDGMENT IN WP(C)18964/2020 OF HIGH COURT OF KERALA DATED 4.3.2022
APPELLANT/1ST RESPONDENT:
UNION OF INDIA, REPRESENTED BY THE DEPUTY SECRETARY TO THE GOVT., MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS' DIVISION, NEW DELHI CITY CENTRE-II BUILDING, 2ND FLOOR, 'A' WING, JAISINGH ROAD, NEAR YMCA, NEW DELHI, PIN – 110 001.
BY ADV.S.KRISHNA
RESPONDENTS/WRIT PETITIONER & 2ND RESPONDENT:
Issues for consideration
3 issues framed by the court
Whether the High Court's judgment directing the Union Government to pay the Swatantrata Sainik Samman Pension to the widow of a freedom fighter should be interfered with.
Whether the standard of proof applied by the High Court in granting the pension was correct and consistent with Supreme Court precedents.
Whether the authorities adopted a technical approach contrary to the liberal approach mandated by the SSS Pension Scheme.
Parties & counsel
- appellant
UNION OF INDIA
- respondent
V. K. SARASA
- respondent
STATE OF KERALA
Coram
Case details
As recorded by the court registry
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