High Court Kerala High Court

Rajeena Leon vs Union Of India on 5 January, 2009

Kerala High Court
Rajeena Leon vs Union Of India on 5 January, 2009
       

  

  

 
 
  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.
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                        W.P.(C)No. 21508 OF 2006
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                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
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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

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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

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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