Are children below 15 yrs age eligible for Swatantrata Sainik Samman Pension?

Background

The appellant sought information that whether children below the age of 15 years are eligible for the Swatantrata Sainik Samman Pension (SSSP) Scheme and the reasons for fixation of age limit for consideration of claims for SSSP. The PIO stated that every person who took part in freedom struggle is not eligible for the pension under the SSSP Scheme. Only those freedom fighters who had undergone the prescribed minimum suffering laid down under the scheme are eligible for the grant of pension. He further explained that it has been decided by the Government that persons above 15 years of age at the time of participation of freedom who claims for pension would be eligible for sanction of Samman Pension. The spouse/spouses, unmarried and unemployed daughters (upto maximum three) and parents of deceased freedom fighters (as also martyrs) are also eligible for grant of dependant family pension under the Swatantrata Sainik Samman Pension Scheme, 1980. The PIO also informed that the petitioner’s late father was a minor of about 11-12 years of age at the time of freedom movement and the competent authority has taken a view that the participation of the applicant in freedom movement at a tender age of 11-12 years is inconceivable.

View of CIC

The CIC observed that the appellant wanted the reasons and justification and questioning the decision of the respondent on the fixation of age limit for consideration of claims of SSSP. Such queries do not fall within the ambit of “information” under the provisions of Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act.

Citation: Shri Naveen Kumar v. Ministry of Home Affairs in file no. CIC/SS/A/2011/001749