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2021 Supreme(SC) 99

ASHOK BHUSHAN, R. SUBHASH REDDY
Union of India – Appellant
Versus
A. Alagam Perumal Kone – Respondent


Advocates appeared:
For the Petitioner(s): B. V. Balaram Das, AOR
For the Respondent(s):Divyanshu Srivastav, Garima Bajaj, Nikhil Bamal, Advocates

Judgement Key Points

Based on the legal document provided, the order is as follows:

The appellate court has allowed the appeal filed by the Union of India and has set aside the judgment of the High Court that had directed the grant of pension to the respondent. The court has found that the respondent's claim for pension under the scheme of 1980 was not supported by the requisite documentary evidence and that the earlier rejection of his application had become final. The court emphasized that eligibility for pension under the scheme depends on fulfilling the specified criteria and producing the necessary proof, which is a matter for the competent authority to consider. Since the respondent's claim was made after a previous final rejection and without proper supporting documents, and because the High Court disposed of the petition without providing an opportunity for the appellant to present a counter, the order of the High Court was deemed improper.

Consequently, the court dismissed the respondent's writ petition, upheld the appeal, and clarified that each case's entitlement to pension must be determined based on the facts and documentary evidence produced, and not solely on judicial directions. The overall decision underscores that pension claims under such schemes are subject to strict adherence to the eligibility criteria and procedural requirements, and that judicial review should respect the authority of the competent bodies to assess such claims.


JUDGMENT :

R.SUBHASH REDDY, J.

1. Leave granted.

2. This appeal is filed by the Union of India, aggrieved by the judgment and order dated 29.08.2018 passed in W.A.(MD) NO. 907 of 2018 by Madras High Court (Madurai Bench), whereby, the appeal of the appellant is dismissed confirming the order of the learned Single Judge, passed in W.P.(MD) NO. 17290 of 2017.

3. By Order dated 26.10.2017, passed in W.P.(MD) No.17290 of 2017, filed by the 1st Respondent herein, while disposing of the writ petition, directions were issued to the appellant herein, to grant Freedom Fighter’s Pension to the 1st Respondent under Swatantrata Sainik Samman Pension Scheme and pass suitable orders within a period of four weeks from the date of receipt of the order.

4. Aggrieved by the order of the learned Single Judge, the appellant herein, preferred writ appeal under Clause 15 of the Letters Patent and the same is dismissed by the impugned order.

5. The Respondent No.1 herein, has submitted his first application for grant of pension under Swatantrata Sainik Samman Pension Scheme on 10.04.1997, which was forwarded by the 2nd Respondent through 3rd Respondent. In the said communication, which was received by the appe


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