IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 31406 of 2009(U) -------------------------- PETITIONER(S): --------------- SUSEELA CHAKRAPANI, W/O.LATE PERUMAL CHAKRAPANI, KADAPPURATHU VEEDU, KATTOOR P.O., KALAVOOR, ALAPPUZHA DT. BY ADV. SRI.K.K.SATHEESH RESPONDENT(S): --------------- UNION OF INDIA REPRESENTED BY THE UNDER SECRETARY TO THE GOVT.,MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS'DIVISION, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI-110003. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 31406/2009 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE LETTER DTD.21.7.74. P2. COPY OF THE LETTER DTD.7.6.94. P3. COPY OF THE APPLICATION DTD.23.3.98. P4. COPY OF THE LETTER DTD.18.6.03. P5. COPY OF THE JUDGMENT IN W.P.(C).No. 3817/2007. P6. COPY OF THE ORDER DTD.17.6.2009. P7. COPY OF THE REPRESENTATION DTD.3O.7.09. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 31406 of 2009 ================== Dated this the 28th day of May, 2010 J U D G M E N T The petitioner is the widow of a freedom fighter. The respondent has sanctioned pension under the Swatantratha Sainik Samman Pension Scheme of the Central Government to the petitioner's husband. But the same has been sanctioned only with effect from 1.11.2006 onwards. The petitioner submits that in view of the Division Bench decision of this Court in Union of India v. Radhamony [2005 (4) KLT 27] the petitioner is entitled to pension at least with effect from from the date of Ext.P4 viz., 18.6.2003. 2. I have heard the learned Assistant Solicitor General also. 3. In view of the above said Division Bench decision, which itself is based on a Supreme Court decision, I am satisfied that the petitioner is entitled to arrears of pension with effect from 18.6.2003 at least, which is the date of Ext.P4. Accordingly, I direct that the pension as sanctioned by Ext.P6 order shall be paid to the petitioner with effect from 18.6.2003. Arrears shall be paid as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2