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. 21110 of 2009(G) -------------------------- PETITIONER(S): --------------- ANANDAVALLY AMMA, W/O.LATE V.CHELLAPPAN PILLAI, KARUVELIL, WARD NO.VI, PARAVOOR P.O., ALAPPUZHA DT. BY ADV. SRI.K.K.SATHEESH RESPONDENT(S): --------------- UNION OF INDIA REPRESENTED BY THE UNDER SECRETARY TO GOVT., MINISTRY OF HOME AFFAIRS FREEDOM FIGHTERS' DIVISION, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI-110 003. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 21110 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. By Ext.P5 order, the petitioner has been sanctioned pension under the Swatantratha Sainik Samman Pension Scheme of the Central Government. The grievance of the petitioner is that the petitioner has been given arrears only with effect from 14.12.2007, although the petitioner has filed application on 26.4.1998 and the respondent has acknowledged receipt of the same on 1.5.1998. According to the petitioner, 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 arrears of pension with effect from the date of receipt of the application, viz., 1.5.1998. 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 1.5.1998, on which date the respondent has acknowledged receipt of the application submitted by the petitioner. Accordingly, I direct that the pension as sanctioned by Ext.P5 order shall be paid to the petitioner with effect from 1.5.1998. Arrears shall be paid as expeditiously as w.p.c.21110/09 2 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