IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 WP(C).No. 31144 of 2009(K) ----------------------------------------- PETITIONER(S): ------------------------ KUTTAPPAN RAGHAVAN, AGED 89, BLOCK NO.555, VATTAKARIKKAKAM P.O., PACHA, PALODE, CHITHARA VILLAGE, KOLLAM. BY ADV. SRI.J.OM PRAKASH RESPONDENT(S): --------------------------- THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR GENERAL OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.31144/2009 K APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPLICATION OF THE PETITIONER DTD. 24/05/98. P2: COPY OF THE LETTER DTD. 23/04/2002 OF THE UNDER SECRETARY TO GOVERNMENT OF INDIA. P3: COPY OF THE COUNTER AFFIDAVIT OF THE FIRST RESPONDENT IN O.P.38403/2001 DTD. 28/05/2002. P4: COPY OF THE JUDGEMENT IN WP(C) 27270/2007 DTD. 11/04/2008. P5: COPY OF THE ORDER OF THE UNDER SECRETARY TO GOVERNMENT OF INDIA DTD. 4/12/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 31144 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of May, 2010 J U D G M E N T The petitioner is a freedom fighter. After a prolonged legal battle, he was sanctioned pension under the Swatantrata Sainik Samman Pension Scheme of the Central Government (S.S.S.P.). But the pension was sanctioned only with effect from 07.08.2005, although the petitioner had filed an application for pension under the Swatantrata Sainik Samman Pension Scheme on 24.05.1998 and the 2nd respondent acknowledged it on 05.01.1999. It is under the above circumstances the petitioner has filed this writ petition seeking the following reliefs: i. issue a writ of mandamus directing the respondent to sanction pension under the S.S.S. Pension Scheme from 5-1-99 to the petitioner and pay the arrears accordingly till 7-8-2005 within a time schedule to be fixed by this Hon'ble Court. 2. A Division Bench of this court in 2005 (4) KLT 27 has held that pension should be given to the applicant from the date on which the original application was received irrespective of whether the application is filed with or W.P.(C)No. 31144 of 2009 -2- without requisite evidence. The sanction of pension would however be subject to the requisite proof in support of the claim. The relevant date is the date on which the application was received by the authorities. Here, already petitioner's claim for pension has been sanctioned by Ext.P5 order. Therefore, the arrears of pension have to be paid with effect from the date of receipt of the application, namely 05.01.1999. Accordingly I hold that the petitioner is entitled to pension under the S.S.S.P. Scheme pursuant to Ext.P5, with effect from 05.01.1999. Accordingly the respondent is directed to pay arrears of pension under the S.S.S.P. Scheme to the petitioner with effect from 05.01.1999. The arrears shall be disbursed to the petitioner within three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S. SIRI JAGAN JUDGE shg/