BORAIAH Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is before this Court under Article 226 of the Constitution of India, praying for quashing the communication dated 2-6-2006 bearing No. 124/52/cc/32/06 FFW2 at Annexure-A on the file of respondent No. 1 and to extend the benefits of Swatantra Sainik Sanman Pension Scheme, 1980, (in short 'the SSS Pension Scheme') from date of application.

(2.) THE brief facts of the case leading to the filing of the writ petition may be stated as under : The petitioner claims that in the year 1942, he participated in Quit India Movement and he was tried and detained in Srirangapatnam Jail from 25-10-1942 to 30-4-1943. Again, in the year 1947, on account of participation in the freedom fight movement, the petitioner was imprisoned from 14-9-1947 to 12-10-1947. It is the case of the petitioner that the respondent No. 2 viz. , the State of Karnataka has granted the pension and he has been receiving the same. On 15-5-1984, the 2nd respondent recommended the 1st respondent to grant pension to the petitioner under the SSs Pension Scheme. On 17-12-1991, the 1st respondent requested the 2nd respondent to forward a revised report. On 15-5-1992, the 2nd respondent sent a revised report recommending grant of pension to the petitioner. Subsequently, on 19-4-2003 the petitioner issued a legal notice to the respondent No. 1. On 4-8-2003, the petitioner filed a Writ Petition in W. P. No. 34834/2003 seeking grant of pension. The Writ Petition was disposed of directing the respondent No. 1 to consider the request of the petitioner within six months. The respondent No. 1, by letter dated 2-6-2006 (vide Annexure-A) rejected the request of the petitioner seeking grant of pension under the SSS Pension Scheme. Therefore, the petitioner is before this Court praying for quashing the communication/letter dated 2-6-2006 at Annexure-A and direct the respondent No. 1 to grant the pension.

(3.) HEARD arguments.