IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 WP(C).No. 5116 of 2010(L) ------------------------------------- PETITIONER: ------------------- KUNJUPENNU KARTHIYANI, W/O.LATE K.LEKSHMANAN,MADHRURPPALLIL, PRAYAR SOUTH, ALUMPEEDIKA.P.O,OACHIRA, KOLLAM. BY ADVS. SRI.VINCENT JOSEPH, SRI.M.R.ARUN KUMAR. RESPONDENTS: ------------------------ 1. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS/ GRIH MANTRALAYA, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-110 003. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, COLLECTORATE,KOLLAM. R1 BY SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA, R2 & R3 BY GOVT. PLEADER SRI. K. RAMESH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.5116/2010-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE DEATH CERTIFICATE ISSUED BY CLAPPANA GRAMA PANCHAYATH DTD. 14/10/2004. EXT.P.2: COPY OF THE JUDGMENT DTD. 26/07/2007 IN W.P.(C).NO.5508/2005 PASSED BY THIS HONOURABLE COURT. EXT.P.3: COPY OF THE LETTER DTD. 7TH MAY 2008 ISSUED BY THE R.1. AND COPY TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 5116 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of July, 2010 J U D G M E N T The petitioner is the widow of late K. Lekshmanan, who was a freedom fighter who expired on 19.09.2004. In respect of the sufferings of the petitioner's husband, her husband applied for pension under the Swathanthratha Sainik Samman Pension Scheme, which was pursued by the petitioner after her husband's death. After a long drawn out legal battle, this court by Ext.P2 judgment directed as follows: “Therefore, I declare that the petitioner is entitled for grant of pension under the Central Scheme. There will be a direction to the first and second respondents to forward the application along with due recommendation to the third respondent within a period of two months from the date of receipt of a copy of this judgment. The third respondent is hereby directed to sanction pension in accordance with the scheme within a period of three months from the date of receipt of the recommendation of the State Government and the amounts shall be disbursed also.” 2. Pursuant thereto, Ext.P3 order has been passed granting pension under the Swatantrata Sainik Samman W.P.(C)No. 5116 of 2010 -2- Pension Scheme to the petitioner with effect from 20.11.2007. The contention of the petitioner in this writ petition is that, the application for pension was submitted on 29.07.2000 and therefore the petitioner is entitled to pension with effect from that date. The petitioner's contention is that this court in the decision in Union of India v. Radhamony (2005 (4) KLT 27) has already held on the basis of a decision of a Supreme Court that pension is payable with effect from the date of application. 3. The contention of the learned Assistant Solicitor General is that, the pension was restricted from the date on which the recommendation was received from the State Government, in view of Ext.P2 judgment. 4. In Ext.P2 judgment, I do not find any such direction as contended by the Assistant Solicitor General. On the other hand, the direction is to sanction pension in accordance with the scheme within a period of three months from the date of receipt of the recommendation of the State Government. That does not mean that the W.P.(C)No. 5116 of 2010 -3- 1st respondent can restrict the pension with effect from the date of receipt of the recommendation. 5. Therefore following the above said judgment cited by the petitioner, I allow the writ petition and direct the 1st respondent to disburse arrears of pension to the petitioner with effect from 29.07.2000 within a period of two months from the date of receipt of a copy of this judgment. S. SIRI JAGAN JUDGE shg/