Supreme Court of India · 2007-08-16
Union Of India (Uoi) vs M.S. Mohammed Rawther
- Citation / case number
- AIR2007SC3014
- Court
- Supreme Court of India
- Petitioner
- Union Of India (Uoi)
- Respondent
- M.S. Mohammed Rawther
- Bench
- A.K. Mathur, Markandey Katju
Judgment text excerpt
The Supreme Court set aside the Kerala High Court's Division Bench order directing the Union of India to grant Swatentrata Samman Sainik Pension (SSS Pension) to the petitioner, emphasizing that the matter should be remitted back to the Union for a fresh decision based on necessary factual investigations. The Court reiterated that it cannot encroach upon the executive domain and must exercise judicial restraint, adhering to the separation of powers principle. The Union of India is directed to consider the petitioner's entitlement to pension within six months, with provisions for arrears to be paid to legal heirs if entitled.