IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 OP.No. 37372 of 2002(Y) ----------------------- PETITIONER: ------------------ P.HARIDAS, S/O. PADMANABHAN, KANTASSERIL VEEDU, MEKKADU, CHAVARA P.O., KOLLAM DISTRICT. BY ADV. SMT.O.H.NAZEEBA RESPONDENTS: ---------------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, LOK NAYAK BHAVAN, NEW DELHI. 2. THE UNDER SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, LOK NAYAK BHAVAN, NEW DELHI-110 001. 3. THE ACCOUNTANT GENERAL, KERALA, THIRUVANANTHAPURAM. R1 & 2 BY ADV. SRI.D.SOMASUNDARAM, ADDL.CGSC THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NO.63162/2002 IN OP.NO.37372/2002-Y. DISMISSED. 8.2.2008. Sd/- T.R.Ramachandran Nair, Judge. APPENDIX Petitioner's Exhibits:- P1: Copy of the order dated 8.9.1974 issued by the Deputy Secretary to the Government of India. P2: Copy of the order dtd.12.1.1977 issued by the 2nd respondent. P3: Copy of the letter No.21578/FFPA3/99/GAD dtd.31.7.1999 issued by the Secretary to Government of Kerala, General Administration (FFPA) Department to the first respondent. P4: Copy of the letter No.19/83/74-FF/SZ dtd.20.9.1999 issued by the 2nd respondent. P5: Copy of the judgment of this Hon'ble Court dtd.8.8.2001 in OP.No.4377/2000 U. P6: Copy of the judgment of this Hon'ble Court in CCC.No.238/2002 dtd.4.4.2002. P7: Copy of the order No.52/CC/K/13/2002-FF(SZ) dtd.21.5.2002 issued by the 2nd respondent. P8: Copy of the order No.P19/LF/FF/1480/02-03/191 dtd.10.6.2002 issued by the 3rd respondent. P9: Copy of the letter No.P19/LF/FF/1480/02-03/257 DTD.27.6.2002 issued by the 3rd respondent. P10: Copy of the letter dtd.12.8.2002 submitted by the petitioner to the 2nd respondent. P11: Copy of the letter No.P19/LF/FF 1480/02-03/423 dtd.14.8.2002 send by the 3rd respondent to the 2nd respondent. P12: Copy of the letter dtd.20.9.2002 submitted by the petitioner to the 2nd respondent. (........2) -: 2 :- P13: Copy of the details of amount due to the petitioner as per Ext.P5 judgment. P14: Copy of pension sanctioning order No.51/CC/K/43/99-FF (Lit-11) Sz dtd. 20.12.2000 to the judgment in OP.No.24099/98 in the case of Mr.Bhaskaran. Respondents' Exhibits:- Nil. ( true copy ) P.A. TO JUDGE. kvs/- T.R.RAMACHANDRAN NAIR, J. ========================= O.P.No.37372 of 2002-Y. ========================= Dated this the 8th day of February, 2008. J U D G M E N T The grievance of the petitioner is that the respondents have not disbursed the actual due amount of pension in spite of the directions contained in the judgment in OP.No.4377/2000. The petitioner was granted pension under the Swatanthrata Sainik Samman Pension Scheme as per Ext.P1. He was receiving the amount pursuant to the same but by order Ext.P2 the same was suspended as Punnapra – Vayalar Struggle was not recognised for grant of pension at that time. After the same was recognised by order dated 20.1.1998 his case was also recommended by the State Government. This is evidenced by Ext.P3. But by Ext.P4 he was issued a show cause notice. The petitioner approached this Court by filing OP.No.4377/2000 which was disposed of by Ext.P5 judgment. This Court directed the respondent to grant Central O.P.No.37372 of 2002-Y. 2 pension as was being awarded earlier to the petitioner before it was suspended and pay all the arrears within three months from the date of receipt of a copy of the judgment. It was also made clear that if the arrears are not paid within three months as directed, it will carry 10% interest from the date it became due. Thereafter the respondents filed WA.No.3934/2001 which was dismissed. The petitioner had to file CCC.No.238/2002 which was disposed of by Ext.P6 judgment. 2. Ext.P7 is the order by which the pension was restored. 10% interest from the date it became due was sanctioned as per Ext.P7. The present troubles of the petitioner started thereafter. An amount of Rs.3,92,828/- as arrears of pension + DA + interest was given to the petitioner as evidenced by Ext.P9. Since according to the petitioner, it did not fully represent the arrears along with the interest, he filed Ext.P10 representation to the 2nd respondent again. He had forwarded a detailed calculation statement along with Ext.P12 representation. According to the petitioner, he is entitled for Rs.5,83,695/- as pension with DA and O.P.No.37372 of 2002-Y. 3 interest. The petitioner is relying upon Ext.P14 by which the respondents sanctioned an amount of Rs.6,03,296/- to one Mr.Bhaskaran who is a similarly placed freedom fighter. Even though the respondents 1 and 2 have filed a counter affidavit nothing is mentioned about the balance amount claimed by the petitioner. As regards Ext.P14 it is explained that therein 18% interest was granted by this Court, and hence the difference. 3. Therefore, there will be a direction to the 2nd respondent to consider and pass orders on the claim raised in Exts.P10 & P12 within a period of four months from the date of production of a copy of this judgment. They will also look into the contention raised by petitioner that, his case is having similarity with that of Ext.P14. The Original Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-