GOVERNMENT OF INDIA Vs. K V SWAMINATHAN

JUDGEMENT

(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 decided on 30/4/1996 and held thus:

(3.) In view of the above-settled legal position, though the respondent was not entitled to the pension as a freedom fighter, he was given the relief on the basis of benefit of doubt. Therefore, he is entitled to the pension only from the date of the order and not from the date of the application. We are informed that pursuant to the order of the High court, the amount has been released. Under this circumstance, the appellant is directed to deduct the paid amount proportionately from the amount payable in every month, instead of asking him to refund the amount.