IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 21096 of 2008(J) -------------------------- PETITIONER(S): --------------- 1. PADMANABHAN, AGED 84, KUNNECHIRAYIL, PERUMTHURUTHU MURI, MUHAMMA.P.O, ALAPPUZHA. BY ADV. SRI.J.OM PRAKASH ADDITIONAL PETITIONER: 2. BHANUMATHY, AGED 71, W/O.PADMANABHAN, KUNNECHIRAYIL, MUHAMMA P.O., CHERTHALA. (P2 IS IMPLEADED AS PER ORDER IN I.A.NO.6809/09 DTD.17.6.09) RESPONDENT(S): --------------- 1. THE UNION OF INDIA, REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE UNDER SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1&2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 21096/08 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE APPLICATION DTD.25.9.98. P2. COPY OF THE LETTER DTD.5.1.99 OF R2. P3. COPY OF THE JUDGMENT OF THIS COURT IN O.P.No. 6202/02. P4. COPY OF THE JUDGMENT IN W.P.(C).No. 16140/06 OF THIS COURT. P5. COPY OF THE ORDER DTD.4.1.08 OF R2. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 21096 of 2008 ================== Dated this the 28th day of May, 2010 J U D G M E N T This writ petition was originally filed by one Padbhanabhan, who was a freedom fighter. He is no more and his widow has come on record to pursue this writ petition as additional 2nd petitioner. The 1st petitioner was sanctioned pension under the Swatantratha Sainik Samman Pension Scheme of the Central Government, by Ext.P5 order. But, by that order, pension was sanctioned only with effect from 24.7.2002. According to the petitioners, the 1st petitioner had filed application on 25.9.1998, which was acknowledged by the respondents on 5.1.1999. The petitioner would contend that in view of the Division Bench decision of this Court in Union of India v. Radhamony [2005 (4) KLT 27] the 1st petitioner is entitled to arrears of pension with effect from the date of receipt of the application, viz., 5.1.1999. 2. I have heard the learned Assistant Solicitor General also. 3. In view of the above said Division Bench decision, which itself is based on a Supreme Court decision, I am satisfied that the petitioners are entitled to arrears of pension with effect from 5.1.1999, on which date the respondents have acknowledged receipt of the application submitted by the 1st petitioner. Accordingly, I direct that the pension as sanctioned by Ext.P5 order shall be paid to the 2nd w.p.c.21096/08 2 petitioner with effect from 5.1.1999. Arrears shall be paid as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge