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august 2007

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.

Union Of India (Uoi) vs M.S. Mohammed Rawther · Niyam