G.Buchaiah v. The Government Of India, Ministry Of Home Affairs

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.NO.5423 OF 2010

O R D E R

The grievance of the petitioner in this writ petition is that the respondent, instead of granting him pension under Swatantrata Sainik Samman Pension Scheme, 1980, from the date of promulgation of the scheme, or at least from the date of his application, granted pension vide proceedings dated 20.05.2003, with effect from 25.11.2002, and hence the same is illegal and arbitrary. Learned counsel appearing for the petitioner fairly submits that as per the judgments of this Court, and also the Apex Court, the petitioner is entitled for pension from the date of sanction, and not from the date of promulgation of the scheme, or from the date of the application, and hence the issue is squarely covered.

Heard Sri K.L.N.Raghavender Reddy, learned Standing Counsel for Central Government, appearing for respondent. In view of the fair submission of the learned counsel for the petitioner, I do not find any error in the impugned proceedings dated 20.05.2003, sanctioning the pension to the petitioner with effect from 25.11.2002, and hence the writ petition is devoid of any merits and the same is accordingly dismissed. Miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

----------------------------------------- A.RAJASHEKER REDDY,J DATE:01-11-2019 avs