GOVERNMENT OF INDIA Vs. E V NARAYANASAMY

JUDGEMENT

(1.) The challenge in this Intra Court Appeal is to the order of the learned Single Judge made in WP No.28515 of 2017, in and by which, the 1st respondent was directed to consider the claim of the petitioner for grant of pension under Swatantrata Sainik Samman Pension Scheme (Central Freedom Fighters Pension Scheme) and pass necessary orders within a period of six weeks from the date of receipt of a copy of this order.

(2.) The first respondent claiming to be a Freedom Fighter and drawing pension from the State Government under the Tamil Nadu Freedom Fighters Pension Scheme, had filed the Writ Petition seeking a direction to the respondents to grant Swatantrata Sainik Samman Pension Scheme. The said Writ Petition came to be allowed at the admission stage, taking note of the recommendations made by the 3rd respondent to the 2nd respondent on 17.08.2017. Now in this Appeal, it is brought to our notice that the petitioner had already filed Wit Petition in WP No.23831 of 2010, challenging the order of the 1st respondent viz. the Government of India represented by its Secretary, Ministry of Home Affairs, Freedom Fighters Pension dated 07.04.2010 rejecting his request for grant of Central Government Pension, under the Swatantrata Sainik Samman Pension Scheme.

(3.) The said Writ Petition came to be dismissed by this Court, by an order dated 25.04.2011, the said order of the dismissal was challenged by the 1st respondent herein, in Writ Appeal No.1518 of 2012. The said Writ Appeal came to be dismissed on merits by the Division Bench of this Court to which one of us (Justice Mr.Jusice K.K.Sasidharan) was a party. The present Writ Petition in WP No.28515 of 2017 came to be filed sometime in October 2017 seeking a Mandamus directing the 1st respondent, viz. the Government of India, represented by its Secretary, Ministry of Home Affairs, to grant Swatantrata Sainik Samman Pension Scheme to the respondent.