RENUKA BALA MAITY Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petitioner, being the widow of a freedom fighter, has approached this Court by way of a writ petition as her claim for obtaining freedom fighter's pension on the basis of the Swatantra Sainik Samman Pension Scheme, 1980 was rejected by an Under Secretary to the Government of India, annexure 'P-7' to the writ petition at page 45 thereof.

(2.) After considering the impugned order of the Under Secretary, it appears that the Under Secretary after setting out some facts, in absolute mechanical exercise of his authority rejected the claim of the writ petitioner for the following reasons :

(3.) From a plain reading of the so called reasons set out above a person with reasonable and rational approach cannot have any doubt that the exercise of power was not only extremely mechanical but in passing the order the Under Secretary had taken into account most irrelevant factors leaving out the most relevant considerations in the first place.