Supreme Court of India · 2007-08-16
Union Of India vs M.S. Mohammed Rawther
- Citation / case number
- AIR 2007 SUPREME COURT 3014
- Court
- Supreme Court of India
- Petitioner
- Union Of India
- Respondent
- M.S. Mohammed Rawther
- Bench
- A.K. Mathur, Markandey Katju
Judgment text excerpt
The Supreme Court held that the Division Bench of the Kerala High Court erred in directing the Union of India to grant Swatentrata Samman Sainik Pension (SSS Pension) to the petitioner without proper investigation of facts. The Court emphasized the need for the Union to consider the application afresh, adhering to the principles of judicial review under Wednesbury principles, and maintaining the separation of powers. The order of the Division Bench was set aside, and the matter was remitted back to the Union of India for a decision within six months, with provisions for arrears to be paid to the legal heirs of the deceased petitioner if entitled.