IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 Con.Case(C).No. 471 of 2008(S) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.31360/2006 Dated 10/08/2007 .................... PETITIONER(S): --------------- KUMARI KANMANI GREGORY,D/O.OUSEPH GREGORY,PULICKAL VEEDU,PUNNAPRA SOUTH PANCHAYAT, PUNNAPRA P.O,ALAPPUZHA-4. BY ADV. SRI.K.K.SATHEESH RESPONDENT(S): --------------- J.C.KATARIA,S/O.LATE SHIV LAL,AGED 59, UNDER SECRETARY,MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS DIVISION,LOK NAYAK BHAVAN, NEW DELHI - 110 003. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 14/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - C.O.(C) No.471 of 2008-S - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of September, 2010. JUDGMENT Heard learned counsel for the petitioner and Shri Ibrahim Khan, learned Asst. Solicitor General appearing for the respondent. 2. The respondent has filed an affidavit stating that by Annexure R-1 order, sanction has been given to grant dependent family pension to the petitioner from 19.7.2005 only. It is pointed out by the learned counsel for the petitioner that the petitioner is entitled for arrears from the date of receipt of the application. The stand taken by the respondent is that the arrears are payable only from the date of receipt of the recommendation from the State Government and reliance is placed on a decision of the Apex Court in Union of India v. Kaushalya Devi {(2007) 9 SCC 525}. 2. In the operative portion of the judgment it was directed as follows: “Ext.P5 is, therefore, quashed and the first respondent is directed to pass consequential orders granting pension at any rate from the date of receipt of the application dated 18.3.1998 submitted by the petitioner.” Evidently, in Ext.R-1 order, the entitlement of the arrears from the date of receipt of application dated 18.3.1998 has not been considered. coc 471/2010 2 3. Therefore, appropriate orders will be passed with regard to the claim for arrears from the date of receipt of application, by the respondent even though it is submitted on behalf of the respondent that arrears are payable only from the date of receipt of the recommendation. It is up to the respondent to communicate their decision in that regard to the petitioner which will be done within a period of one month from today. If the said order is adverse to the petitioner, she will be free to challenge the same before this Court. The C.C.C. is closed. (T.R. Ramachandran Nair, Judge.) kav/