THE UNION OF INDIA THROUGH THE SECRETARY, MINISTRY OF HOME, GOVERNMENT OF INDIA, SOUTH BLOCK, NEW DELHI Vs. UMESHWAR PRASAD SINGH @ UMESH PRASAD SINGH S/O LATE RAM PRASAD SINGH R/O VILLAGE

JUDGEMENT

(1.) The present intra-Court appeal under Clause 10 of the Letters Patent has been filed by Union of India being aggrieved by order dated 20.04.2016 in MJC No. 454 of 2015 arising out of CWJC No. 20840 of 2010.

(2.) In the writ proceedings, the learned Single Judge, by his judgment and order dated 22.08.2014, while allowing the writ petition, directed the Union of India to reconsider the matter for grant of Swatantra Senani pension to the writ petitioner. It appears that pursuant to the aforesaid direction, the matter was reconsidered by the Central Government and an order on 25/26.11.2014 was passed by Government of India in the Ministry of Home Affairs. It appears that by the aforesaid order, once again the claim of the writ petitioner for grant of Swatantra Senani pension was rejected and grounds of rejection were given. For the sake of records, we may note that grounds of rejection this time were different from what was given on the first occasion when the writ petition was allowed. The writ petitioner, being aggrieved by this rejection of the claim, now filed the present MJC No. 454 of 2015 for initiating proceedings in contempt against the Union of India for alleged failure to grant the writ petitioner Swatantra Senani pension.

(3.) Union of India appeared in those contempt proceedings and took the stand that pursuant to the remand order and being order for reconsideration passed in the writ proceedings, Union of India considered the matter and, after giving detailed reasons, rejected the claim. If the writ petitioner was aggrieved, he could take recourse to law and the procedure established therein to impugn its validity but certainly, no contempt was made out as on remand, considering the merit, orders have been passed. What the learned Single Judge has done by order dated 20.04.2016 passed in MJC No. 454 of 2015 against which this LPA has been filed, he has adjudicated upon the correctness or otherwise of the order passed by the Central Government being order dated 25/26.11.2014 and set aside the order, this time, with the direction to grant pension failing which serious view would be taken. It is this, which has brought the Union of India in the intra-Court appeal.