(1.) THERE are 57 writ petitioners. Each of the petitioners claims Samman Pension under the Swantantra Sainik Samman Pension Scheme, 1983 (hereinafter referred to as 'the Scheme').
(2.) THE procedure under the Scheme is that application which is complete in all respect and supported by all the relevant documents has to be given to the Union of India. A copy of the application is also given to the State Government. The State Government thereafter has a duty to verify the compliance of requirements of the Scheme, as also that the applicants have submitted all the documents. The State Government thereafter sends its recommendations, whether for grant or for refusal of pension, under the Scheme to the Central Government. It is when there is refusal of the State Government, and which communicated to the Union of India, and which is communicated to an applicant, that a writ petition can be filed to challenge the refusal.
(3.) WHEN the writ petition was filed there was no challenge which was laid to the orders which have been passed, possibly because either the orders were not passed or not communicated to the petitioners. Since now the position is that orders have been passed declining the grant of Samman Pension to the petitioners, each of the petitioners will have to, separately in their independent petitions, challenge the refusal orders on such grounds as they think appropriate. It appears that petitioners however do not have the refusal orders which have been passed by the Union of India and also the refusal orders of the respondent No.2/State Government.