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2019 Supreme(Ker) 565

HRISHIKESH ROY, ANIL K.NARENDRAN
The Union of India Represented By Its Secretary, Ministry of Home Affairs – Appellant
Versus
Rajamma W/o. Chennikumaran – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.Jaishankar V.Nair, CGC
For the Respondent: Smt.K.P.Geetha Mani, Sri. Surin George IPE.

JUDGMENT :

ANIL K.NARENDRAN, J.

1. This Writ Appeal arises out of the judgment of the learned single Judge dated 24.5.2018 in W.P.(C)No.33947 of 2011. The said Writ Petition was one filed by the first respondent herein under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents therein to sanction and disburse Dependent Pension under Swatantrata Sainik Samman Pension Scheme, 1980 (SSS Pension Scheme) to the writ petitioner from the date of the application, i.e., from 19.3.1998 and disburse the arrears thereon with interest. The further relief sought for is a writ of mandamus declaring that the writ petitioner is entitled to get Dependent Pension under SSS Pension Scheme from the date of application and further direct the respondents therein to issue necessary orders to that effect.

2. By the judgment dated 24.5.2018, W.P.(C) No.33947 of 2011 was allowed by directing the respondents therein, who are the appellants in this Writ Appeal, to disburse the Dependent Pension to the writ petitioner from the date of application, within a period of three months. The reasoning of the learned Judge, contained in the impugned judgment at paragraph 5 reads t

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