IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 18TH OCTOBER 2010 / 26TH ASWINA 1932 WP(C).No. 21612 of 2009(V) --------------------------------------- PETITIONER: ------------------- B.V.PAVITHRAN,BUNGALOW PARAMBU, KANJIRAMCHIRA WARD,ALAPPUZHA-7. BY ADV. SRI.K.K.SATHEESH. RESPONDENT: ---------------------- UNION OF INDIA, REPRESENTED BY THE UNDER SECRETARY TO GOVT., MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS' DIVISION, LOK NAYAK BHAWAN, KHAN MARKET,NEW DELHI-110 003. BY SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA, ADV. SRI.P.P.PADMALAYAN, C.G.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R.RAMACHANDRAN NAIR, J. ------------------------ WP(C) No.21612 of 2009 (V) -------------------------- Dated, this the 18th day of October, 2010 J U D G M E N T Petitioner is a freedom fighter, who had actively participated in the Punnapra-Vayalar movement. He was an applicant for sanctioning of pension under the Swatantrata Sainik Samman Pension Scheme. Here this Court is concerned only with the claim for payment of arrears. 2. By Ext.P5, pension has been sanctioned from 31/03/2008 onwards. The said order has been passed in the light of the directions issued by this Court in Ext.P4 judgment dated 04/01/2008 in WP(C) No.29604/2003. Learned counsel for the petitioner submitted that the claim for arrears from the date of receipt of the application has not been considered in spite of the directions in Ext.P4 judgment. 3. In Ext.P4 judgment, it was directed by this Court that “if the pension is sanctioned, the 1st respondent will consider the question of grant of arrears also from the date of receipt of the application, Ext.P2”. The petitioner has produced Ext.P7, a copy of the acknowledgment card, which shows that the application dated WP(C) No.21612/2009 -2- 20/04/1998 has been received on 24/09/1998. 4. The entitlement of such an applicant for pension from the date of receipt of the application has been laid down by a Division Bench of this Court in the decision in Union of India v. Radhamony (2005(4) KLT 27). In paragraph 4 thereof, it was held thus:- “Pension should be given to the applicant from the date on which the original application is received irrespective of whether the application is filed with or 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.” In the light of the directions issued by this Court in Ext.P4 judgment, the respondent ought to have considered the claim for arrears from the date of receipt of the application. In that view of the matter, there will be a direction to the respondent to consider the claim for arrears from the date of receipt of the application i.e. 24/09/1998 and pass appropriate orders, within a period of two months of receipt of a copy of this judgment. The eligible amount will be disbursed to the petitioner without any delay. This writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) jg