IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 5TH JANUARY 2009 / 15TH POUSHA 1930 WP(C).No. 21508 of 2006(I) ---------------------------------------- PETITIONER(S): ------------------------ RAJEENA LEON, W/O.LATE YOHANNAN LEON, KOLLAPARAMBIL, PUNNAPRA P.O., ALAPPUZHA-688 004. BY ADV. SRI.K.K.SATHEESH RESPONDENT(S): ---------------------------- UNION OF INDIA, REPRESENTED BY THE UNDER SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS' DIVISION, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-110 003. ADV. SMT.MINI R.MENON, ADDL.CGSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.21508/2006 I APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ACKNOWLEDGEMENT RECEIPT DTD. 3/04/1998. EXT.P2: COPY OF THE LETTER NO.119/2/GENL.(1)/98-FF(SZ) DTD. 5/01/1999 ISSUED BY THE RESPONDENT ALONGWITH THE COVER. EXT.P3: COPY OF THE ORDER NO.52/CC/K/53/2001-FF(SZ) DTD.5/2/2002 ISSUED BY THE RESPONDENT. EXT.P4: COPY OF THE JUDGMENT DTD.2/09/05 PASSED BY THIS HON'BLE COURT IN O.P.NO.8706/01. EXT.P5: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE RESPONDENT DTD. 25/10/2005. EXT.P6: COPY OF THE ORDER NO.119/3/2001/FF(SZ) DTD. 28/06/2006 ISSUED BY THE RESPONDENT TO THE PETITIONER. EXT.P7: COPY OF THE COUNTER AFFIDAVIT FILED ON BEHALF OF THE RESPONDENT IN WP(C) NO.19614/04 BEFORE THIS HON'BLE COURT ALONGWITH LETTER NO.52/CC/K/90/02-FF (SZ) DTD. 3/09/2004 ISSUED BY THE RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss HARUN-UL-RASHID, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 21508 OF 2006 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of January, 2009 JUDGMENT The writ petition is filed for the following reliefs: “i. declare that the petitioner is entitled o get the arrears of dependent family pension under the SSS Pension Scheme with effect from 20.01.98 i.e., the date of recognition of the Punapra-Vayalar Movement or at least w.e.f. 03.04.98, i.e. the date of receipt of the application by the respondent vide Ext.P1; ii. Call for the records leading to the issue of Ext.P6 and quash the same by issue of a writ of certiorari; iii. Issue a writ of mandamus or other appropriate writ, direction or order compelling the respondent to grant the entire arrears of dependent family pension under the SSS Pension Scheme from 03.04.98 to 29.10.01, in the light of the dictum laid down by the Division Bench of this Hon'ble Court in Union of India v. Radhamony [2005 (4) KLT 27].” 2. The petitioner is the widow of a freedom fighter, Sri.Yohannan Leon. It is alleged that he had actively participated in the Punnapra-Vayalar freedom struggle and he had undergone imprisonment for a period of three years and three months for the W.P.(C)No. 21508 OF 2006 -:2:- offences under Sections 140 & 141/135, 139, 140, 323, 234, 437, 456, 457, 392 and 509 (ii) and 456 T.P.C. The Punnapra-Vayalar Movement was recognised by the Government of India as a Movement which forms part of national freedom struggle for the purpose of grant of Swatantra Sainik Samman Pension (for short SSS) with effect from 20.01.98. The petitioner claims the benefit of SSS pension. The petitioner's application is dated 03.04.98. Ext.P1 is the acknowledgment receipt dated 03.04.98. Ext.P2 letter also shows that the petitioner forwarded the application during April 1998. During the pendency of OP No.8706/01 filed by the petitioner and two other persons, the Government granted pension, but without arrears and this Court by Ext.P4 judgment observed that there is no justification for denying the arrears to the petitioner and similarly placed persons since entitlement of pension is on the basis that the petitioners are freedom fighters. This Court directed the Government to pass appropriate orders within a period of three months from the date of production of a copy of the said judgment. Ext.P5 is the representation submitted pursuant to Ext.P4 judgment. 3. The respondent passed Ext.P6 order whereby the claim of W.P.(C)No. 21508 OF 2006 -:3:- the petitioner for anti date pension was rejected. Ext.P6 is under challenge. In Ext.P6 it is stated that, claims relating to Punnapra-Vayalar are considered for grant of SSS Pension from the date of recognition of the Movement or from the date of receipt of the application whichever is later. The date of recognition of the Movement is 20.01.98 and the presentation of the application is 03.04.98. But the respondent failed to apply the above said date for the reason that the State Government forwarded the petitioner's application to the Ministry with recommendation by letter dated 23.10.01, received on the Ministry on 29.10.01, i.e., the date of receipt of the application in the Ministry. 4. This Court in Union of India v. Radhamony [2005(4) KLT 27] considered a similar question and held that pension under the SSS Scheme should be given to the applicant from the date on which the original application is received irrespective of the application filed with or without evidence. The evidence on record as discussed above shows that the application was submitted on 03.04.98 and therefore the reasons stated in Ext.P6 order rejecting the claim from the anterior date cannot stand. Therefore, the petitioner is entitled to W.P.(C)No. 21508 OF 2006 -:4:- get the arrears of dependant family pension under the SSS Scheme. In the result, Ext.P6 is quashed with a direction to the respondent to disburse the arrears of dependant family pension under SSS Pension Scheme with effect from 03.04.98 i.e, the date of receipt of the application till 28.10.01. The aforesaid amount shall be disbursed within a period of three months from the date of receipt of a copy of this judgment. (HARUN-UL-RASHID, JUDGE) ttb