IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 6157 of 2006(G) ------------------------------------- PETITIONER: ------------------- P. BHASKARA MENON, KRISHNALAYAM PURAVARIKKAL, CHOWWARA P.O., ALUVA, ERNAKULAM DIST. BY ADV. SRI.K.K.SATHEESH, ADV. SRI.THOMAS T.KURICHIYANI. RESPONDENT: ---------------------- UNION OF INDIA, REPRESENTED BY THE UNDER SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, FREEDOM FITHTERS' DIVISION, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI-110 003. BY SRI.P.PARAMESWARAN NAIR,ASST.S.G. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.6157/2006-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER NO. 119/903/84 - FF (SZ) DTD. 07/01/1999 ISSUED BY THE RESPONDENT TO THE PETITIONER. EXT.P.2: COPY OF THE JUDGMENT DTD. 01/03/2000 IN O.P. NO. 9558/99 PASSED BY THIS HONOURABLE COURT. EXT.P.3: COPY OF THE ORDER NO. 52/K/159/99/FF (LIT.II (SZ) DTD. 03/11/2000 ISSUED BY THE RESPONDENT. EXT.P.4: COPY OF THE LETTER NO. 52/CC/K/159/99-FF-LIT.II/SZ DT. 12/04/2001 ISSUED BY THE RESPONDENT TO THE PETITIONER. EXT.P.5: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RESPONDENT DTD. 01/02/2006. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.6157 of 2006-G - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 2nd December, 2008. JUDGMENT The only issue that calls for adjudication in this case is the demand for payment of arrears of pension from 26.3.1983 (the date of receipt of the application for grant of pension). The application is dated 20.7.1981. The only reason stated for refusing arrears in Ext.P4 is that against the judgment of this court, an appeal is pending before the Apex Court. 2. The petitioner is a freedom fighter who claimed grant of Swathanthratha Sainik Samman Pension. Earlier he approached this court by filing O.P.No.9558/1999 seeking for various reliefs, which was allowed as per Ext.P2 judgment. This court directed the first respondent to grant S.S.S. pension to the petitioner as per law and it was also directed that the arrears of pension shall be paid within three months of date of receipt of a copy of the judgment. Thereafter, by Ext.P3 the first respondent sanctioned pension granting arrears only from 27.6.2000. This is clear from para 1 of Ext.P3. When the petitioner complained to the first respondent, he was given a reply by Ext.P4 stating that the judgment is under challenge before the Apex Court. Again, he filed Ext.P5 representation. WPC 6157/2006 -2- 3. It is reported that S.L.P.No.6001/2001 filed against the judgment in Writ Appeal No.1691/2000 dated 28.9.2000 has been dismissed by the Apex Court on 30.3.2001. Therefore, the reason that an appeal is pending before the Apex Court, does not survive. 4. As the right to receive the arrears is declared in Ext.P3 judgment itself, the first respondent is bound to release the same with effect from the date of receipt of the application. That an applicant is entitled for pension from the date on which the original application was received, has been declared by this court in the decision reported in Union of India v. Radhamony (2005 (4) KLT 27). It was held that pension should be given to the applicant from the date on which the original application is received, irrespective of whether the application is filed with or without requisite evidence. Herein, it is clear from para 3 of Ext.P1 letter dated 7.1.1999 issued by the first respondent to the petitioner that the application dated 20.7.1981 was received through the State Government's letter dated 26.3.1983. Therefore, the petitioner is entitled to be paid arrears with effect from 26.3.1983. 5. In the above view of the matter, Ext.P4 is quashed. There will be a direction to the respondent to grant arrears of SSS pension to the petitioner WPC 6157/2006 -3- for the period 26.3.1983 to 27.6.1990, within a period of two months from the date of receipt of a copy of this judgment. The writ petition is allowed as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/