K.S. Radhakrishnan, Ag. C.J.

Petitioners in these cases have raised claim for freedom fighter’s pension before the Central Government under the Swantrata Sainik Samman Pension Scheme (for short SSS Pension Scheme) contending that on receipt of the freedom fighter’s pension under the Kerala Freedom Fighter’s Pension Rules, 1971, the grant of pension under SSS Scheme is automatic. Learned single judge took the view that granting of freedom fighter’s pension by the State Government would not automatically qualify the incumbent to claim Central Government pension under SSS Pension Scheme. Contrary view has been taken by another learned judge in Sobha v. Union of India (2005 (2) I.L.R. Kerala 493).

2. We are in these cases called upon to examine the question as to whether once the State Government or the Central Government grants pension to a particular individual is he automatically entitled to get pension either under the State Government or under the Central Government Scheme or vice versa. Let us examine the eligibility criteria laid down under both the schemes. Swatantrata Sainik Samman Pension Scheme (SSSP) 1980 is announced by the Government of India. Paragraph 3 of the