IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 Con.Case(C).No. 1666 of 2007(S) ------------------------------- AGAINST THE JUDGEMENT/ORDER IN OP.31622/2001 Dated 03/08/2007 .................... PETITIONER(S): --------------- AUGUSTHY MATHAI, KIZHAKKEMANACKAL HOUSE, OTTALLOOR P.O., KARIMKUNNAM, THODUPUZHA, IDUKKI DT. BY ADV. SRI.K.K.SATHEESH RESPONDENT(S): --------------- J.C.KATARIA, S/O.LATE SHIV LAL, AGED ABOUT 59, UNDER SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS'S DIVISION, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI-110003. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 14/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - C.O.(C) No.1666 of 2007-S - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of September, 2010. JUDGMENT This Court allowed the writ petition by Annexure A judgment declaring that the petitioner is eligible for grant of pension under the S.S.S. Pension Scheme and the respondent was directed to pass consequential orders including arrears from the date of receipt of application. 2. In the affidavit filed on behalf of the respondent, it is pointed out that orders have been passed as per Ext.R-1 granting pension to the petitioner from 4.5.1999 and it is pointed out by the learned counsel for the petitioner that arrears from the date of receipt of application have not been sanctioned. 3. In the judgment, there is already a direction to pay arrears from the date of receipt of application. But it is submitted on behalf of the respondent that the arrears have been sanctioned only from the date of receipt of the recommendation from the State Government which is based on the decision of the Apex Court in Union of India v. Kaushalya Devi {(2007) 9 SCC 525}. Ext.R-1 does not reflect the said decision. Therefore, the communication showing the decision with regard to the said claim will ccc 1666/2010 2 be issued to the petitioner within a period of one month from today and if the petitioner is aggrieved by the same, he will be free to challenge it before this Court. The C.C.C. is closed. (T.R. Ramachandran Nair, Judge.) kav/