S.SETHURAMAN Vs. GOVERNMENT OF INDIA AND OTHERS

JUDGEMENT

(1.) Heard Mr.K.Guhan, learned counsel appearing for the appellant and Mr.V.Kathirvelu, learned Additional Solicitor General assisted by Mr.J.Jeyakumar, learned Standing counsel appearing for the respondents

(2.) This appeal by the State is directed against the order made in W.P.(MD)No.17606 of 2015 dated 21.12.2017. The appellant filed the writ petition, challenging the order passed by the first respondent dated 15.12.2004 and the consequential order of the second respondent dated 05.12.2013, directing the respondents to consider the case of the appellant for grant of freedom fighter's pension under the Swatantrata Sainik Samman Pension Scheme, 1980. The learned Single Judge heard the writ petition and disposed of the writ petition, directing the appellant to submit fresh application with necessary documents and also directed the Central Government to consider the case of the appellant and pass appropriate orders on merits, after affording an opportunity of hearing to the appellant. Thus, we are required to consider whether the appellant should submit a fresh application for grant of pension. We do not think so for the reasons assigned herein. The application was given by the appellant on 30.12.2003 for grant of pension under Swatantrata Sainik Samman scheme framed by the Central Government. This application was considered by the District Collector and recommended the same to the State Government vide his proceedings dated 07.04.2004. The recommendation is to the following effect: ...[VARNACULAR TEXT OMITTED]...

(3.) The State Government on receiving the recommendation of the District Collector, by proceedings dated 06.05.2004, in turn forwarded the same to the Central Government for consideration. Along with the said order, the original application and all other documents were also forwarded. The State Government also specifically mentioned that the District Level Screening Committee and the District Collector has recommended the case of the appellant for the sanction of Swatantrata Sainik Samman pension.