IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21508 of 2006(I)
1. RAJEENA LEON, W/O.LATE YOHANNAN LEON,
... Petitioner
Vs
1. UNION OF INDIA,
... Respondent
For Petitioner :SRI.K.K.SATHEESH
For Respondent :SMT.MINI R.MENON, ADDL.CGSC
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :05/01/2009
O R D E R
HARUN-UL-RASHID, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
W.P.(C)No. 21508 OF 2006
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 5th day of January, 2009
JUDGMENT
The writ petition is filed for the following reliefs:
“i. declare that the petitioner is entitled o get the arrears
of dependent family pension under the SSS Pension
Scheme with effect from 20.01.98 i.e., the date of
recognition of the Punapra-Vayalar Movement or at least
w.e.f. 03.04.98, i.e. the date of receipt of the application
by the respondent vide Ext.P1;
ii. Call for the records leading to the issue of Ext.P6 and
quash the same by issue of a writ of certiorari;
iii. Issue a writ of mandamus or other appropriate writ,
direction or order compelling the respondent to grant the
entire arrears of dependent family pension under the
SSS Pension Scheme from 03.04.98 to 29.10.01, in the
light of the dictum laid down by the Division Bench of
this Hon’ble Court in Union of India v. Radhamony [2005
(4) KLT 27].”
2. The petitioner is the widow of a freedom fighter,
Sri.Yohannan Leon. It is alleged that he had actively participated in
the Punnapra-Vayalar freedom struggle and he had undergone
imprisonment for a period of three years and three months for the
W.P.(C)No. 21508 OF 2006
-:2:-
offences under Sections 140 & 141/135, 139, 140, 323, 234, 437,
456, 457, 392 and 509 (ii) and 456 T.P.C. The Punnapra-Vayalar
Movement was recognised by the Government of India as a
Movement which forms part of national freedom struggle for the
purpose of grant of Swatantra Sainik Samman Pension (for short
SSS) with effect from 20.01.98. The petitioner claims the benefit of
SSS pension. The petitioner’s application is dated 03.04.98. Ext.P1
is the acknowledgment receipt dated 03.04.98. Ext.P2 letter also
shows that the petitioner forwarded the application during April 1998.
During the pendency of OP No.8706/01 filed by the petitioner and
two other persons, the Government granted pension, but without
arrears and this Court by Ext.P4 judgment observed that there is no
justification for denying the arrears to the petitioner and similarly
placed persons since entitlement of pension is on the basis that the
petitioners are freedom fighters. This Court directed the Government
to pass appropriate orders within a period of three months from the
date of production of a copy of the said judgment. Ext.P5 is the
representation submitted pursuant to Ext.P4 judgment.
3. The respondent passed Ext.P6 order whereby the claim of
W.P.(C)No. 21508 OF 2006
-:3:-
the petitioner for anti date pension was rejected. Ext.P6 is under
challenge. In Ext.P6 it is stated that, claims relating to
Punnapra-Vayalar are considered for grant of SSS Pension from the
date of recognition of the Movement or from the date of receipt of the
application whichever is later. The date of recognition of the
Movement is 20.01.98 and the presentation of the application is
03.04.98. But the respondent failed to apply the above said date for
the reason that the State Government forwarded the petitioner’s
application to the Ministry with recommendation by letter dated
23.10.01, received on the Ministry on 29.10.01, i.e., the date of
receipt of the application in the Ministry.
4. This Court in Union of India v. Radhamony [2005(4) KLT 27]
considered a similar question and held that pension under the SSS
Scheme should be given to the applicant from the date on which the
original application is received irrespective of the application filed
with or without evidence. The evidence on record as discussed
above shows that the application was submitted on 03.04.98 and
therefore the reasons stated in Ext.P6 order rejecting the claim from
the anterior date cannot stand. Therefore, the petitioner is entitled to
W.P.(C)No. 21508 OF 2006
-:4:-
get the arrears of dependant family pension under the SSS Scheme.
In the result, Ext.P6 is quashed with a direction to the
respondent to disburse the arrears of dependant family pension
under SSS Pension Scheme with effect from 03.04.98 i.e, the date of
receipt of the application till 28.10.01. The aforesaid amount shall
be disbursed within a period of three months from the date of receipt
of a copy of this judgment.
(HARUN-UL-RASHID, JUDGE)
ttb