JUDGMENT :

Prakash Shrivastava, J:

1. This appeal is directed against the order of the learned Single Judge dated 17.09.2019 whereby WP No. 29675 (W) of 2017 has been dismissed.

2. The original petitioner had approached the writ Court challenging the order dated 15.05.2017 rejecting the claim of the petitioner for pension under the Freedom Fighters’ Pension Scheme, 1972. A further direction was sought to extend the benefit of pension. During the pendency of the writ petition the original petitioner had died, therefore, his legal representatives were brought on record, who being aggrieved with the rejection of the writ petition, have filed this appeal.

3. The submission of the learned Counsel for the appellants is that the learned Single Judge has committed an error in rejecting the writ petition without considering the fact that the original writ petitioner was eligible under the pension scheme and the certificates of co-prisoners as required in terms of the scheme were submitted and the case of the petitioner was also forwarded by the State to the competent authority in the Central Government, hence the order of rejection ought to have been set aside.

4. Learned Counsel for the respon