GOVERNMENT OF INDIA Vs. T R T THIRUMALAIVASI

JUDGEMENT

(1.) THIS writ appeal is directed against the order dated 25.02.2002 passed by the learned single Judge directing the Central Government to grant the pension to the first respondent herein under the Swathantrata Sainik Samman Pension Scheme, 1980 (hereinafter referred to as "the Scheme, 1980) from 11.03.1982 onwards, at the instance of the Ministry of Home Affairs, Government of India, represented by its Secretary.

(2.) THE issue raised in this writ appeal is, Whether the first respondent - Mr. T.R.T. Thirumalaivasi, is entitled to the pension under the Scheme, 1980 on the ground that he had suffered minimum imprisonment of 6 months on account of his participation in freedom struggle?.

(3.) MRS.R.Maheswari, learned Senior Central Government Standing Counsel, in challenging to the above would submit that when the order of the Central Government was made on the ground that there was no evidence to show that the first respondent had suffered imprisonment for six months on account of his participation in the freedom struggle, the learned single Judge ought not to have re-appreciated the said evidence and come to a different conclusion. She would further submit placing reliance upon the judgements of the Apex Court reported in Mukund Lal Bhandari v. Union of India, 1993 Supp. (3) SCC 2 and Union of India v. Mohan Singh and others, 1996 (1) SCC 351, that when the Scheme itself mentions the documentary evidence which are required to be produced before the Government and the Government after scrutiny of the documents had come to the conclusion that there are no proof, the Court could not scrutinise the documents to find out sufficiency of proof. The learned single Judge, is therefore, had committed error in re-appreciating the evidence.