IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 2035 of 2007()
1. N.DAMAYANTHY, W/O. K.NANOO,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE UNDER SECRETARY TO GOVERNMENT OF
For Petitioner :SRI.J.OM PRAKASH
For Respondent : No Appearance
The Hon'ble the Chief Justice MR.H.L.DATTU
The Hon'ble MR. Justice K.T.SANKARAN
Dated :13/09/2007
O R D E R
H.L.DATTU, C.J. & K.T.SANKARAN,J.
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W.A. NO. 2035 OF 2007
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Dated this the 13th September, 2007
JUDGMENT
H.L.DATTU, C.J.
Appellant before us is the writ petitioner in W.P.(C) No.21112 of
2005. In the said Writ Petition, petitioner had called in question the orders
passed by the Government of India, Ministry of Home Affairs, dated 3rd
November, 2000. The Central Government has rejected the claim of the
petitioner for grant of SSS Pension.
2. Learned single Judge has rejected the Writ Petition on three
grounds. Firstly, that there is delay and latches on the part of the petitioner
in approaching the Court by filing a Writ Petition in the year 2005, wherein
the order passed by the Central Government of the year 2000 is
questioned. Secondly, that the petitioner had not fully complied with the
conditions stipulated in the Scheme for grant of SSS Pension and thirdly,
that the petitioner’s husband, though was alive till 1992, did not choose to
make any claim for grant of SSS Pension before the Central Government.
3. Admittedly, a representation had been filed by the petitioner
before the Central Government for grant of SSS Pension. Since the
representation filed had not been considered by the Central Government,
the petitioner was before this Court in O.P.No.17767 of 2000. This Court
had directed the Central Government to consider the representation of the
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petitioner and pass an appropriate order. After disposal of the Original
Petition, the Union Government had passed an order dated 3rd November,
2000 and communicated the same to the petitioner. Though the order is
dated 3rd November, 2000, petitioner, for the first time, had approached this
Court by filing a Writ Petition in the year 2005. There is no explanation,
much less a reasonable explanation, for approaching this Court nearly after
five years of the date of the order passed by the Central Government. On
this ground alone, the learned single Judge could have rejected the Writ
Petition.
4. In the Scheme under which SSS Pension is granted, the
applicant is expected to produce a certificate to prove his
detention/imprisonment, at least for an year’s time. In the instant case, the
certificate so produced by the petitioner along with the
representation/petition for grant of SSS pension was issued by a co-
prisoner of the petitioner’s husband, who had suffered imprisonment for
less than six months. The applicant will be entitled to grant of certain reliefs
by the Government, provided, the applicant has fully complied with the
conditions prescribed in the Scheme itself. In the instant case, since the
petitioner did not produce the certificate as required under the Scheme, in
our opinion, the Central Government was justified in rejecting the claim of
the petitioner for SSS Pension. The learned single Judge has taken note of
this condition and accordingly has made this as one of the grounds for
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rejecting the Writ Petition.
In our opinion, in view of the above, interference with the order
passed by the learned single Judge is not called for. Accordingly, the Writ
Appeal requires to be rejected and it is rejected.
(H.L.DATTU)
Chief Justice
(K.T.SANKARAN)
Judge
ahz/