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Documents citing Union Of India vs Elizabeth Sipri on 15 July, 2013

Union Of India vs Thankamma Kesavan Illikkalveli on 25 November, 2014

In Union of India v. Elizabeth Sipri (WA No.1858/2013), direction was given by the Division Bench to grant pension from the date of application. All the cases referred above related to the grant of pension for jail suffering on conviction or in cases of underground suffering and based on either primary evidence or secondary evidence, which apparently cannot be applied to the facts of the present case, in which pension is claimed by the widow of a martyr. In such instances, the proof required are the relevant documents from official records and newspapers of the relevant time, which are considered as evidence. Appellants have produced the salient W.A. No.685/15 -:19:- features of the Scheme. Clause 2.1 relates to eligibility of dependents of martyrs, which reads as under;
Kerala High Court Cites 6 - Cited by 0 - A Shaffique - Full Document

Union Of India vs Thaliyil Sreedevi Amma

"3. It is contended on behalf of the appellant that the appellant having received the application long after 20.3.1998, when the application was made to the State Government, they cannot be made liable for granting pension from the date of the application. However, this contention cannot be accepted in the light of the principles laid down by the Hon'ble Apex Court, which have been followed by the learned Single Judge, where it has been held that when pension is granted on the basis of the 'primary evidence' such grant shall be effective from the date of application. In so far as this case is concerned, admittedly, Ext.P8 order was issued on the basis of 'primary evidence' as contemplated under the Scheme. If that be so, the learned Single Judge was fully justified in directing that payment of pension be made from 20.3.1998, the date when the application was made."
Kerala High Court Cites 14 - Cited by 0 - A Shaffique - Full Document
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