IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31144 of 2009(K)
1. KUTTAPPAN RAGHAVAN, AGED 89,
... Petitioner
Vs
1. THE UNION OF INDIA REPRESENTED
... Respondent
For Petitioner :SRI.J.OM PRAKASH
For Respondent :SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :26/05/2010
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No. 31144 of 2009
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Dated this the 26th day of May, 2010
J U D G M E N T
The petitioner is a freedom fighter. After a prolonged
legal battle, he was sanctioned pension under the
Swatantrata Sainik Samman Pension Scheme of the Central
Government (S.S.S.P.). But the pension was sanctioned
only with effect from 07.08.2005, although the petitioner
had filed an application for pension under the Swatantrata
Sainik Samman Pension Scheme on 24.05.1998 and the 2nd
respondent acknowledged it on 05.01.1999. It is under the
above circumstances the petitioner has filed this writ
petition seeking the following reliefs:
i. issue a writ of mandamus directing the respondent to
sanction pension under the S.S.S. Pension Scheme from
5-1-99 to the petitioner and pay the arrears accordingly
till 7-8-2005 within a time schedule to be fixed by this
Hon’ble Court.
2. A Division Bench of this court in 2005 (4) KLT 27
has held that pension should be given to the applicant from
the date on which the original application was received
irrespective of whether the application is filed with or
W.P.(C)No. 31144 of 2009
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without requisite evidence. The sanction of pension would
however be subject to the requisite proof in support of the
claim. The relevant date is the date on which the
application was received by the authorities. Here, already
petitioner’s claim for pension has been sanctioned by Ext.P5
order. Therefore, the arrears of pension have to be paid
with effect from the date of receipt of the application,
namely 05.01.1999. Accordingly I hold that the petitioner is
entitled to pension under the S.S.S.P. Scheme pursuant to
Ext.P5, with effect from 05.01.1999. Accordingly the
respondent is directed to pay arrears of pension under the
S.S.S.P. Scheme to the petitioner with effect from
05.01.1999. The arrears shall be disbursed to the petitioner
within three months from the date of receipt of a copy of
this judgment.
The writ petition is disposed of as above.
S. SIRI JAGAN
JUDGE
shg/