Only National Freedom Fighters Eligible For Benefits Under Swantantrata Sainik Samman Pension Scheme, Not Militancy Fighters: J&K High Court

The Jammu and Kashmir and Ladakh High Court has recently held that individuals who fought against militancy do not meet the criteria for pension under the Swantantrata Sainik Samman Pension Scheme. 

Justice Sanjay Dhar explained that the said pension scheme is particularly designed to honour those who actively participated in the National Freedom Struggle as prescribed in the SSA Pension 1980. 

"it is clear that a person who has fought against the militancy is not eligible under the said Scheme. It is only those persons who have participated in the National Freedom Struggle, who are eligible for benefits under the Scheme."

The petitioner had approached the Court seeking to be included in the category of freedom fighters under the aforesaid SSSP Scheme of the Indian Government. The petitioner argued that his services in combating various militants, for which he received appreciation from the Indian Army, should qualify him for the pension.

To decide the case, the court examined the specifics of the pension scheme, particularly the eligibility criteria, as laid out in the SSA Pension 1980 and noted that this scheme reserves the pension for individuals who actively participated in the National Freedom Struggle against British colonial rule in India.

The bench further noted that the eligibility criteria outlined in the SSA Pension 1980 stipulate that to be considered a freedom fighter under the scheme, an individual must have suffered a minimum of six months imprisonment in mainland jails before India gained independence.

Therefore, it was found that the petitioner was not eligible for the benefits under the SSA Yojana. 

Thus The Court held that the petition lacked merit and as such the writ petition was dismissed.

Case Title: Noor Ahmad Shah vs. Union of India and Ors.

Citation: 2023 LiveLaw (JKL) 241

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