IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WP(C).No. 23817 of 2008(I) ------------------------------------- PETITIONERS: --------------------- 1. KARIPPATH KAMALAKSHI, D/O.LATE KAMMADATH RAMAN, PALIYERI, KARIVELLUR, KANNUR DISTRICT. 2. KARIPPATH RUGMINI, D/O. LATE KAMMADATH RAMAN, PALIYERI, KARIVELLUR, KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN. RESPONDENT: ---------------------- UNION OF INDIA, REPRESENTED BY UNDER SECRETARY, MINISTRY OF HOME AFFAIRS,FREEDOM FIGHTERS DIVIVION, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI- 110 003. BY SRI. P. PARAMESWARAN NAIR, ASST. S.G. OF INDIA, ADV. SRI.ABRAHAM THOMAS, C.G.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.23817/2008-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT DTD. 13/08/2004 IN O.P. NO.484/2003. EXT.P.2: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS' LATE MOTHER DTD. 14/09/2004. EXT.P.3: COPY OF THE LEGAL HEIRS CERTIFICATE DTD. 05/05/2005 ISSUED BY THE TAHSILDAR, TALIPARAMBA. EXT.P.4: COPY OF THE REPRESENTATION DTD. 20/05/2005 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT. EXT.P.5: COPY OF THE COMMUNICATION DTD. JULY 2005 ISSUED BY THE RESPONDENT TO THE PETITIONERS. EXT.P.6: COPY OF THE COVERING LETTER DTD. 10/08/2005 PRODUCING THE REQUIRED DOCUMENTS. EXT.P.6.A: COPY OF THE INDEMNITY BOND EXECUTED BY THE PETITIONERS AND PRODUCED ALONG WITH THE EXT.P.6. EXT.P.7: COPY OF THE AFFIDAVIT FILED ALONG WITH EXT.P.6. EXT.P.8: COPY OF THE COMMUNICATION DTD. 25/05/07. EXT.P.9: COPY OF THE ORDER DTD. 28/09/2007 ISSUED BY THE RESPONDENT TO THE P.1. EXT.P.10: COPY OF THE JUDGMENT DTD. 08/08/2007 IN W.P.(C).NO.14710/2006. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 23817 of 2008 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 22nd day of March, 2011. J U D G M E N T The petitioners are the daughters of late Kammadath Raman, who was a freedom fighter. While he was still alive, the said Kammadath Raman filed an application for freedom fighters' pension under the Swathrntratha Sainik Samman Pension Scheme of the Government of India. The consideration of that application was delayed. While that application was pending, Kammadath Raman died. Thereafter, his wife, the mother of the petitioners, pursued the application. Ultimately, pension was sanctioned to the mother of the petitioners. But, by the time, the communication sanctioning pension reached by post, the mother of the petitioners also died and therefore the order sanctioning pension was returned unserved . Thereafter, the petitioners submitted Ext. P4 representation for disbursal of the pension arrears till the death of their mother to the petitioners. By Ext. P5 communication, the petitioners were directed to produce indemnity bond, affidavit, death certificate etc. The petitioners produced the required certificates, copies of which are produced as Exts.P6 and P7. Thereafter, by Ext. P8 communication, the respondent directed the Branch Manager, Syndicate Bank, Karivelloor, Kannur to calculate the exact amount of arrears of pension for the period from 20.1.1998 to 2.3.2001 payable to Kammadath Raman and arrears of undrawn dependent family pension for the period from 3.3.2001 to 9.10.2004 payable to the widow of Kammadath Raman and to furnish the same to the Ministry urgently for further action. But, by Ext. P9, that benefit also was refused to the petitioners on the ground that the petitioners are not eligible for grant of life time arrears as they are not eligible W.P(C) No. 23817 of 2008 -: 2 :- dependents of their late mother and the deceased has not been sanctioned pension during her life time. Aggrieved by the same, the petitioners have filed this writ petition seeking the following reliefs: “i. Issue a writ of certiorari or any other writ, order to quash Ext. P9; ii. to command the respondent to disburse the arrears of freedom fighters pension due to the mother of the petitioner till her death; iii. To declare that the petitioners are entitled to get the arrear of freedom fighters pension due to their mother Karippath Lakshmi Amma till her death on 10.10.2004.” Along with I.A.No. 9205/2009, the petitioners have produced a further communication received from the respondent Ext. P11, which is also to the same effect as Ext. P9. 2. No counter affidavit has been filed by the respondent in this writ petition. Therefore, the averments in the writ petition are to be accepted as true and correct since they are not controverted by the respondent. 3. The only question arising for consideration is whether the petitioners are entitled to receive arrears of freedom fighters' pension due to late Kammadath Raman and arrears of life time family pension payable to the widow of Kammadath Raman, Karippath Lakshmi Amma. The pension forms part of the estate of the deceased Kammadath Raman and Karippath Lakshmi Amma. The same being part of the estate of the deceased parents of the petitioners as legal heirs of the parents, the petitioners are entitled to receive the same. That became due to them not as dependants of Kammadath Raman or Karippath Lakshmi Amma, but as their legal heirs entitled to succeed to the estate of the deceased parents, to whom amounts W.P(C) No. 23817 of 2008 -: 3 :- have already been sanctioned and become due under the SSS Pension Scheme. Apparently, the respondent construed the application of the petitioners as a claim for dependent family pension in respect of the sufferings of late Kammadath Raman as a freedom fighter in the freedom struggle. It is not so. The petitioners are not claiming any pension under the SSS Pension Scheme as unmarried daughters of either late Kammadath Raman or late Karippath Lakshmi Amma. They are claiming only the arrears of pension due to their parents, which have already become due and was not paid only because of the delay caused by the respondent in sanctioning and paying the same. In other words, the respondent is trying to take advantage of their own delay and laches in paying SSS Pension and dependent family pension to the said Kammadath Raman and Karippath Lakshmi Amma. The attitude of the respondent shows lack of respect to the deceased freedom fighter and insensitivity to the national spirit in furtherance of which only the SSS Pension Scheme was framed by the Government. For becoming eligible to receive the estate of deceased Kammadath Raman and Karippath Lakshmi Amma, the petitioners need not be persons eligible to draw dependent family pension under the SSS Pension Scheme. The amounts due as freedom fighters pension to Kammadath Raman and dependent family pension due to Karippath Lakshmi Amma as widow of Kammadath Raman devolves by succession on their legal heirs, namely the petitioners who are the daughters of Kammadath Raman and Karippath Lakshmi Amma. The respondent cannot deny the same to the petitioners on the reasons stated in Exts.P9 and P11. Accordingly, this writ petition is allowed. Exts.P9 and P11 to that extent are quashed. The respondent is directed to pay to the petitioners the arrears of SSS Pension due to late W.P(C) No. 23817 of 2008 -: 4 :- Kammadath Raman and arrears of dependent family pension due to Karippath Lakshmi Amma as legal heirs of Kammadath Raman and Karippath Lakshmi Amma, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/