G.B.PATTANAIK, K.RAMASWAMY
Government Of India Represented By The Secretary – Appellant
Versus
K. V. Swaminathan – Respondent
ORDER
1. Leave granted.
2. This appeal by special leave arises from the judgment of the Madras High Court made on 14-3-1996 in WP No. 15732 of 1994. The respondent claimed the benefit as freedom fighter but the same remained pending for a long time. Ultimately, giving the benefit of doubt to the respondent, he was granted pension on 18-11-1989. Not feeling satisfied with the relief, the respondent filed writ petition claiming the pension from the date of his application. In the impugned order, the High Court has directed to pay the pension from the date of the application. The controversy is no longer res integra. This Court had considered the entire controversy in Union of India v. M. R. Chelliah Thevar (CA No. 7762 of 1996) decided on 30-4-1996 and held thus :
"Heard counsel for both sides. On behalf of the Union of India strong reliance was placed on the decision of the Division Bench of this Court dated 24-4-1995. On the other hand, learned counsel for the respondent placed reliance on an earlier judgment of this Court in Mukund Lal Bhandari v. Union of India (1993 Supp (3) SCC 2), as well as the decision in Amarnath Maihotra v. Union of India dated 19-10-1996. The distinction,
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