IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 WP(C).No. 28245 of 2008(K) ------------------------------- PETITIONER : ---------------------------- P.Y. NAFEESA, AGED 74 YEARS, W/O LATE AHMED KUTTY SREENS, PODUVACHERY P.O., KANNUR DISTRICT -21. BY ADV. SRI.N.JAMES KOSHY SRI. T. SANJAY RESPONDENTS : ------------------------ 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHERS DIVISION, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI 110 003. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.K.M.JAMALUDHEEN, CGC FOR R1 SRI. P. PARAMESWARAN NAIR, ASG SRI. M.A. ASIF, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28245 / 2008 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF THE JUDGMENT IN WPC NO. 31283 DATED 14/11/2006 OF THE HON'BLE HIGH COURT OF KEARLA. EXHIBIT P2: TRUE COPY OF the ORDER FILE NO.52/CC/K/65/2007-FF (SZ) DATED 1/11/2007 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P3: TRUE COPY OF THE JUDGMENT DATED 30/1/2008 IN CONT. CASE © NO.1451/2007 OF THE HON'BL HIGH COURT OF KERALA. EXHIBIT P4: TRUE COPY OF THE COMMUNICATION SENT BY THE 1ST RESPONDENT VIDE ORDER NO.119/18/99-FF.SZ DATED 8/03/1998. EXHIBIT P5: TRUE COPY OF the NOTICE DATED 22/07/2008 SENT BY THE PETITIONER TO THE RESPONDENTS. /TRUE COPY/ P.A TO JUDGE scm ANTONY DOMINIC, J. --------------------------- W.P.(C) No. 28245 of 2008 ------------------------------------ Dated this the 11th day of March, 2009 JUDGMENT Prayer in this writ petition is to direct the first respondent to grant the petitioner eligible Swatantrata Sainik Samman Pension from the date of receipt of application for pension. 2.When this case came up for admission on 18/11/2008, this Court passed an interim order directing the first respondent to pay the petitioner arrears of the amount due, for the period from 8/3/1998 to 22/01/2007 within one month from the date of receipt of copy of this order. 3.Standing counsel appearing for the respondents has produced before me a proceedings dated 27/02/2009 issued by the first respondent, which reads as under. “ In compliance of Hon'ble High Court of Kerala's order dated 18/11/2008 in WP(C) No.28245/2008(K) filed by Smt. P.V. Nafeesa and in partial modification of this Ministry's sanction order No.52/CC/K/65/2007- FF(SZ) dated 1/11/2007, I am directed to convey the sanction of the President to antedating of dependent W.P.(C) No. 28245 /2008 2 family pension from 8/03/1998 onwards instead of from 22/01/2007 at the prescribed rates along with dearness allowances admissible during the period to Smt.P.V.Nafeesa, w/o. Late Ahmed Kutty, Sreens, Poduvachery P.O, kannur District, Kerala. 2.The other contents of the said sanction order remain unchanged. 3.The payment of arrears may be credited in Saving Bank Account No.67048427940 State Bank of Travancore, Chakkarakkal Branch- 70728 Kannur District, Kerala. 4.This issues under the powers delegated to the Ministry.” 4. From the order dated 27/02/2009, it is evident that amount for the period from 8/03/1998 has been sanctioned. Writ petition is therefore disposed of directing that amount due to the petitioner towards Swatantrata Sainik Samman Pension Scheme shall be paid within one month from the date of production of copy of this judgment. ANTONY DOMINIC, JUDGE scm