IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM THURSDAY, THE 10TH DAY OF NOVEMBER 2011/19TH KARTHIKA 1933 WP(C).No. 15021 of 2011 (C) -------------------------------------- PETITIONER(S): ------------------------- THALIYAN VEETTIL LAKSHMI AMMA, W/O. LATE KOYADAN KUNDAN NAMBIAR, KANHILERI, CHERIKODE.P.O, SREEKANDAPURAM, KANNUR DISTRICT. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): ------------------------- 1. UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS NEW DELHI-110001. 2. THE DEPUTY SECRETARY TO GOVERNMENT, FREEDOM FIGHTER'S DIVISION, MINISTRY OF HOME AFFAIRS LOK NAYAK BHAVAN, NEW DELHI-110 001. BY ADV. SRI. P. PARAMESWARAN NAIR, ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-11-2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DCS WP(C).No. 15021 of 2011 (C) APPENDIX PETITIONER(S) EXHIBITS :- EXT.P1 EXTRACT OF THE UNDER TRIAL REGISTER ISSUED BY THE SUPERINTENDENT, CENTRAL JAIL, KANNUR EXT.P2 EXTRACT OF THE CONVICTION REGISTER ISSUED BY THE SUPERINTENDENT, CENTRAL JAIL, KANNUR EXT.P3 COPY OF THE PROCEEDING NO. 6/1/97-FF(P) DATED 20/01/1998 ISSUED BY THE GOVERNMENT OF INDIA EXT.P4 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S HUSBAND DATED 04.05.1998 EXT.P5 COPY OF THE ACKNOWLEDGMENT DATED 5/05/1998 EVIDENCING THE RECEIPT OF APPLICATION BY THE 2ND CENTRAL GOVERNMENT. EXT.P6 COPY OF THE PROCEEDING DATED 31.08.2010 ISSUED BY THE CENTRAL GOVERNMENT RESPONDENTS' EXHIBITS :- EXT.R1(a) COPY OF THE SALIENT FEATURES OF SWATANTRATA SAINIK SAMMAN PENSION SCHEME, 1980 /TRUE COPY/ P.A. TO JUDGE DCS C.K. ABDUL REHIM, J. ------------------------------------------------- W.P.(c) No. 15021 OF 2011 ------------------------------------------------- DATED THIS THE 10th DAY OF NOVEMBER, 2011 J U D G M E N T Petitioner is the wife of late Koyadan Kundan Nambiar, who was a freedom fighter participated in 'Kavumbhai Struggle' which was recognized by the Union Government as part of freedom struggle of the country. After death of the petitioner's husband, the State Government had sanctioned freedom fighter's pension to her. The petitioner applied for pension from the Central Government under the “Swatantrata Sainik Samman Pension” scheme. Through Ext.P6 sanction was accorded for granting dependent family pension @ Rs.6,330/- per month from 19-02-2010 onwards along with Dearness Relief at the rates admissible from time to time. The petitioner is challenging Ext.P6 to the extent it denies pension from the date of the application onwards, and seeks direction to the respondents to sanction pension from the date of submitting the application onwards. W.P.(c) No.15021/2011 -2- 2. In the counter affidavit of the 1st respondent the eligibility of the petitioner for getting the pension itself is disputed. It is contended that in the recommendations received from the State Government it was revealed that the imprisonment suffered by the husband of the petitioner was only for a period of 5 months and 19 days. Even though the scheme stipulated for six months imprisonment, a lenient view was taken. It is stated that the petitioner, at any rate, is not entitled for pension from the date of submission of application onwards as claimed. 3. The question now stand covered through the Division Bench decisions of this Court in Union of India V. Radhamony (2005 (4) KLT 27) and Thambayi Amma V. Union of India (2011 (3) KLT 105). The dictum laid in those cases is to the effect that, the pension should be given from the date on which the original application is received, irrespective of whether the application is filed with or without requisite evidences. W.P.(c) No.15021/2011 -3- 4. On behalf of the Assistant Solicitor General appearing for the respondents it is contended that, in the decision of the Hon'ble Supreme Court in Govt.of India V. K.V. Swaminathan ((1997) 10 SCC 190) and Union of India and another V. Kaushalaya Devi ((2007) 9 SCC 525) it is held that, if pension is granted under the scheme without clear evidence on the basis of “benefit of doubt” then there is no obligation to grant the pension from the date of the application, but pension need be paid only from the date of sanction. 5. But in the case at hand, going by Ext.P6 order issued sanctioning the pension, nothing is indicated to the effect that the pension was granted without there being any clear proof or on the basis of any benefit of doubt. Merely because the imprisonment suffering was not for the complete period of six months or because the respondents have taken a lenient view, it cannot be said that the pension was sanctioned without there being any clear evidence and on the basis of a “benefit of doubt”. Therefore, I am of the W.P.(c) No.15021/2011 -4- view that the petitioner cannot be denied of pension from the date of submission of the application, in view of the settled legal position. As evident from Ext.P5 postal acknowledgment card, the original application was received by the 2nd respondent on 05-05-1998. Therefore, the petitioner is entitled for getting pension under the scheme from that date onwards. 6. In the result writ petition is allowed directing the respondents to make payment of the dependent family pension sanctioned to the petitioner under the Swatantrata Sainik Samman Pension Scheme through Ext.P6 order, with retrospective effect from 05-05-1998 onwards, at the relevant rates applicable to the period in question. 7. The payment in this regard shall be made at the earliest possible, at any rate within a period of three months from the date of receipt of a copy of this judgment. Sd/- C.K. ABDUL REHIM, JUDGE. AMG True copy P.A to Judge