IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 6TH JANUARY 2010 / 16TH POUSHA 1931 WA.No. 1093 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.31214/2005 Dated 23/08/2007 .................... APPELLANT1ST RESPONDENT: --------------------------------- UNION OF INDIA REP. BY THE SECRETARY MINISTY OF HOME AFFAIRS, FREEDOM FIGHTER'S DIVISION, LOK NAYK BHAVAN, KHAN MARKET, NEW DELHI, PIN-110003. BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA RESPONDENTS/PETITIONER AND 2ND RESPONDENT: --------------------------------------------------------- 1. SUSEELA W/O. LATE SANKARAN APPI, KOYIKKAL HOUSE, THATTAPPALLIL, ERAMALLOOR.P.O., CHERTHALA, ALAPPUZHA DIST. 2. STATE OF KERALA REP. BY THE SECRETARY GENERAL ADMINISTRATION(FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. R1 BY ADV. SRI.K.K.SATHEESH R2 BYSENIOR GOVERNMENT PLEADER, SRI.BENJAMIN PAUL THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 06/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & Thottathil B.Radhakrishnan, J. ------------------------------------------ W.A.No.1093 of 2009 ------------------------------------------ Dated this the 6th day of January, 2010 JUDGMENT S.R.Bannurmath, C.J. Aggrieved by the judgment of the learned Single Judge in W.P.(C) No.31214 of 2005, the first respondent Union of India has filed this appeal. 2. The husband of the writ petitioner was granted pension under the Swatantrata Sainik Sammam Pension Scheme admittedly as long back as in the year 1975, vide Ext.P3. Later on, after coming into force the Swatantrata Sainik Sammam Pension Scheme, 1980, the pension granted to the freedom fighter was sought to be cancelled and as in the meanwhile the freedom fighter died, his wife (the first respondent herein) had to approach this Court to quash the order of the Union of India cancelling the pension. W.A. No.1093 of 2009 2 3. Considering the fact that as the very appellant had granted Swatantrata Sainik Sammam Pension to the deceased husband of the freedom fighter after complete scrutiny, the learned Single Judge held that it was no more open to the appellant to cancel the same without valid reasons and as such allowed the writ petition ad directed the appellant to restore the pension. 4. Aggrieved by the same, the Union of India has filed the present appeal, inter alia, contending that as per the the Swatantrata Sainik Sammam Pension Scheme, the minimum imprisonment required is for six months and as the deceased freedom fighter had undergone imprisonment only less than six months, he is not entitled to any pension. 5. It is to be noted that the Swatantrata Sainik Sammam Pension Scheme, 1980 came into force on 14th August, 1981 and in the absence of any clear indication, it cannot be held as having retrospective effect. Undisputedly, the W.A. No.1093 of 2009 3 deceased husband of respondent No.1 was granted pension as long back as in the year 1975 as per the Scheme prevailed at that time and hence by applying the present Scheme retrospectively it is not open for the appellant to cancel the pension already granted. The learned Single Judge, in our view, has looked into the matter in proper perspective and has allowed the writ petition. We find no reason to defer from the view taken by the learned Single Judge. Hence we dismiss the writ appeal as devoid of merits. S.R.Bannurmath, Chief Justice Thottathil B.Radhakrishnan, Judge vns