The Jammu and Kashmir and Ladakh High Court in the case Noor Ahmad Shah vs. Union of India and Ors observed and has held that individuals who fought against the militancy do not meet the criteria for pension as it has been stated under the SwantantrataSainik Samman Pension Scheme.
The bench headed by Justice Sanjay Dhar in the case observed and has explained that the pension scheme is particularly designed to honour those who actively participated in the National Freedom Struggle as prescribed in the SSA Pension 1980.
It has also been cleared by the court that a person who has fought against the militancy is not eligible under the said Scheme. It being only the person who have participated in the National Freedom Struggle, who are being eligible for benefits under the Scheme.
The petitioner approached the Court wherein seeking to be included in the category of freedom fighters as stated under the aforesaid SSSP Scheme of the Indian Government. Further, it has been argued by the petitioner in the plea that the services of him in combating various militants, for which he received appreciation from the Indian Army, should qualify him for the pension.
Further, the said court examined the specifics of the pension scheme, particularly the eligibility criteria, as it has been laid out in the SSA Pension 1980 and the court noted that the said scheme reserves the pension for individuals who actively participated in the National Freedom Struggle against British colonial rule in India.
The bench while considering the facts and circumstances of the case stated 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 the India gained independence.
The court found the petitioner was not eligible for the benefits under the SSA Yojana.
Accordingly, the court dismissed the plea.