In Brief
A freedom fighter (Perumal Kone) applied for pension under the Swatantrata Sainik Samman Pension Scheme, 1980. His first application in 1997 was rejected for lacking required documents. After 13 years, he reapplied with different details and filed a writ petition without disclosing the earlier rejection. The High Court granted his pension without notice or counter-affidavit. The Supreme Court allowed India's appeal, holding that pensions under the scheme can only be granted when all eligibility criteria are met by the competent authority. A final rejection cannot be bypassed by a fresh application with variant facts, and judicial review should not bypass procedural fairness by issuing positive directions without notice.
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