IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 WP(C).No. 21885 of 2007(E) --------------------------------------- PETITIONER: ------------------- T.SARASU, AGED 65 YEARS, W/O.LATE THENGIL SOMU, LH 61, POYILKAVU BEACH, P.O.EDAKULAM, KOYILANDY, KOZHIKODE DISTRICT. BY ADVS. MR.M.V.BOSE, MR.VINOD MADHAVAN, SMT.NISHA BOSE. RESPONDENTS: ------------------------ 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, PF DIVISION, LOK NAYAK BHAVAN, KHAN MKT., NEW DELHI- 11003. 2. THE CHIEF CONTROLLER OF ACCOUNTS, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI- 110001. 3. THE CHIEF CONTROLLER OF ACCOUNTS, CENTRAL PENSION ACCOUNTING OFFICE (CPAO), BHIKAJI KAMA PALACE, TRIKORT-II, BEHIND HOTEL HYATT REGENCY, NEW DELHI- 110066. 4. PAY & ACCOUNTS OFFICE (PENSION & MISC.), MINISTRY OF HOME AFFAIRS, 2/10.JAM NAGAR HOUSE, NEW DELHI- 110011. R1 TO R4 BY MR. JOBY CYRIAC, C.G.C . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON ON 24/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.21885/2007-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE CERTIFICATE DTD. 14/12/1987 ISSUED BY THE COMMANDANT, MALABAR SPECIAL POLICE, MALAPPURAM. EXT.P.2: COPY OF THE ORDER NO. 6/1/97-FF(P) D.D 20/01/1998 ISSUED FROM THE OFFICE OF THE R.1. EXT.P.3: COPY OF THE COVERING LETTER SENT ALONG WITH APPLICATION DTD. 18/04/98. EXT.P.3.A: COPY OF THE ACKNOWLEDGEMENT SIGNED BY R.1. FOR RECEIPT OF THE APPLICATION. EXT.P.4: COPY OF THE LETTER DTD. 15/05/2001, ISSUED BY THE R.1. EXT.P.5: COPY OF THE JUDGMENT DTD. 22/08/2006 IN W.P.(C).30360/2004. EXT.P.6: COPY OF THE COMMUNICATION ISSUED FROM THE OFFICE OF R.3. DTD. 07/12/2006. EXT.P.7: COPY OF THE COMMUNICATION DTD. 26/12/2006 ISSUED BY THE R.4. EXT.P.8: COPY OF THE COMMUNICATION DTD. 04/12/2006 ISSUED FROM THE OFFICE OF THE R.1. TO THE R.2. EXT.P.9: COPY OF THE COMMUNICATION DTD. 08/12/2006 ISSUED FROM THE OFFICE OF THE R.1. TO THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.21885 OF 2007 ---------------------------- DATED THIS THE 24TH DAY OF FEBRUARY, 2009 JUDGMENT Petitioner is the widow of a freedom fighter. Petitioner submitted an application along with Ext.P3 covering letter dated 18/4/1998 for “Swathantrata Sainik Samman Pension”. Ext.P3(a) is the acknowledgement showing that the said application reached in the lst respondent's office on 22/4/1998. The Government of Kerala recommended for grant of SSS pension to the petitioner. Originally the lst respondent rejected the application. In the counter affidavit filed in W.P.(C).No. 30360/2004 the lst respondent agreed to re-examine the case of the petitioner. Pursuant thereto, a direction was issued by this Court in Ext.P5 judgment. Thereupon the lst respondent accorded sanction for the pension by Ext.P6 order dated 7/12/2006. Ext.P6 reveals that the pension is sanctioned from 30/4/2001 and the application of the petitioner was received by the lst respondent on 22/4/1998 as -2- W.P.(C).No.21885/2007 revealed from Ext.P3(a). The Apex Court and this Court considered the question as to from what date the applicants are entitled to pension under the SSS Pension Scheme. The Apex Court in the decision reported in Mukundalal Bhandari and others v. Union of India and others (AIR 1993 SC 2127) and the decision of this Court in Union of India v. Radhamony (2005 (4) KLT 27) respectively held that pension has to be granted from the date of receipt of the application. 2. Petitioner is a poor lady residing in “Lakshamveedu”. The lst respondent has a duty to accord sanction for pension from the date of receipt of the application. It is not known why the date fixed is a posterior date. Respondents ought to have granted the pension with effect from 22/4/1998. The petitioner is living in poor circumstances and she is not in a position to agitate the matter in court. 3. Petitioner has a further case that the respondents fixed the pension amount at the rate of Rs.4000/- instead of -3- W.P.(C).No.21885/2007 Rs.6330/- with effect from 2/10/2006. According to the petitioner, she is entitled to revision of pension with effect from 2/10/2006 as per Ext.P8 order. She also submitted that in spite of granting dearness relief at the rate of 58% from 1/8/2006 by Ext.P9 order, the same was not paid to the petitioner till date. 4. In the circumstances, this writ petition is disposed of with a direction to the lst respondent to consider the above said grievance of the petitioner and pass appropriate orders within a period of three months from today. In the event of granting benefits to the petitioner under the SSS Pension Scheme, the same shall be paid to her within a period of one month thereafter. HARUN-UL-RASHID, Judge. kcv.