A.S.NARAYANA PILLAI Vs. UNION OF INDIA

JUDGEMENT

(1.) This intra court appeal is filed against the judgment passed in W.P. (C) No. 39384 of 2016 dated 24.07.2018, whereby a learned Single Judge dismissed the writ petition, by observing thus:

(2.) Facts leading to the filing of this appeal are that the appellant/ writ petitioner is a veteran freedom fighter, aged 94. He filed W.P.(C) No.39384 of 2016 for a direction to the respondent to disburse the arrears of freedom fighters' pension due to him with 12% interest, with effect from the date of receipt of Exhibit-P4 application submitted by him on 06.11.2000. As per the judgment dated 10.06.2009 in W.P.(C) No.39646 of 2003, appellant was found to be a freedom fighter, eligible for both, pension under the State Scheme and under Swatantrata Sainik Samman (SSS) Pension Scheme, 1980. His participation in Quit India movement and other suffering, evidenced by necessary certificates, were elaborately considered and discussed by the writ court in Exhibit-P1 judgment dated 10.06.2009 and earlier judgment referred to above, which was rendered, when he challenged the order passed by this court in O.P. No.34941/2002, specifically directing to consider his case, taking a liberal view, in the light of the decision of the Hon'ble Supreme Court in Mukund Lal Bhandari v. Union of India, 1993 AIR(SC) 2127. Hence, he has a vested right. Since no appeal has been filed by the respondents against the said judgment, his right to get the benefits of Mukund Lal Bhandari case (cited supra) was kept alive, notwithstanding the subsequent judgment of the Hon'ble Apex Court.

(3.) Appellant has further stated that the Central Government have considered his claim and issued pension payment order (Exhibit-P3) on 23.11.2011, granting central pension under the scheme. Appellant is now getting freedom fighters' pension under both of the above schemes. However, he is denied arrears from the date of receipt of Exhibit-P4 application dated 06.11.2009. He has contended that denial of SSS Pension from the date of receipt of his application, when the original pension payment order was passed, is illegal and arbitrary.