LAWS(KER)-2019-8-170

UNION OF INDIA Vs. RAJAMMA

Decided On August 21, 2019
UNION OF INDIA Appellant
V/S
RAJAMMA Respondents

JUDGEMENT

(1.) This Writ Appeal arises out of the judgment of the learned single Judge dated 24.5.2018 in W.P.(C)No.33947 of 2011. The said Writ Petition was one filed by the first respondent herein under Article 226 of the Constitution of India, seeking a writ of mandamus commanding the respondents therein to sanction and disburse Dependent Pension under Swatantrata Sainik Samman Pension Scheme, 1980 (SSS Pension Scheme) to the writ petitioner from the date of the application, i.e., from 19.3.1998 and disburse the arrears thereon with interest. The further relief sought for is a writ of mandamus declaring that the writ petitioner is entitled to get Dependent Pension under SSS Pension Scheme from the date of application and further direct the respondents therein to issue necessary orders to that effect.

(2.) By the judgment dated 24.5.2018, W.P.(C) No.33947 of 2011 was allowed by directing the respondents therein, who are the appellants in this Writ Appeal, to disburse the Dependent Pension to the writ petitioner from the date of application, within a period of three months. The reasoning of the learned Judge, contained in the impugned judgment at paragraph 5 reads thus:-

(3.) Feeling aggrieved by the judgment dated 24.05.2018, the official respondents are before this court in this Writ Appeal filed under Section 5 of the Kerala High Court Act, 1958.