K.V. VELUKKUTTY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE appellant challenges the judgment of the learned Single Judge declining to quash Ext. P15; rejecting the sanction of Swatantrata Sainik Samman Pension (for short 'SSS Pension'). According to the appellant, he participated in the 'General Freedom struggle' before independence and therefore he is entitled for SSS Pension. According to him, his claim is substantiated by the fact that he is already drawing State Pension as a freedom fighter and therefore there was no justification for not recommending his claim for Central pension by the State Government and later his application was rejected by the Central Government. He also relies upon the observations of this Court in Ext. P13 to contend that he was eligible for recommendation by the State Government and therefore he seeks to set aside the judgment of the learned Single Judge by granting reliefs claimed in the writ petition.

(2.) WE have gone through Ext. P13 so also Ext. P15 the rejection letter which was the subject matter of challenge before the learned Single Judge and the observations of the learned Single Judge in the judgment which is impugned before us. It is well settled that in order to get pension under SSS Pension Scheme, the State Government has to issue verification & entitlement to pension report, only after being satisfied that the other conditions are complied with by the applicant.

(3.) IT is needless to say that, even if State Government recommends sanction of pension, if sanctioning authority finds deficits in the compliance of the conditions laid down for sanctioning of SSS Pension, it can always reject the application. Therefore, recommendation favouring sanction or not recommending the case of the applicant will not decide or support the decision of the sanctioning authority at the centre. In other words, even if it is not recommended by the State machinery, the sanctioning authority at the centre can always sanction the pension, provided, the conditions for such sanction are complied with. Even if State machinery recommends, still sanctioning authority can reject the same, if the conditions for sanctioning SSS Pension are not complied with. This is well settled in series of judgments of this Court and also the Apex Court.