IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 18TH JANUARY 2008 / 28TH POUSHA 1929 WA.No. 59 of 2008() ------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.36443/2005 Dated 24/08/2007 .................... APPELLANT: RESPONDENTS ------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, GENERAL ADMINISTRATION(FFP-B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KASARGOD, VIDYANAGAR P.O., KASARGOD DISTRICT 3. THE ACCOUNTANT GENERAL,(A&E), KERALA, INDIAN AUDIT AND ACCOUNTS DEPARTMENT, M.G.ROAD, THIRUVANANTHAPURAM. BY SENIOR GOVERNMENT PLEADER SMT.P.K.MEERA RESPONDENTS: PETITIONER ---------------------------------------- T.K.RAGHAVAN, FREEDOM FIGHTER, S/O KRISHNA KARANAVAR, "SORAJ", MANIKYAKAVU ROAD, THANA, KANNUR-12. BY ADV. SRI.T.K.VIPINDAS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA,JJ. ----------------------------------------- W.A.No. 59 of 2008 ----------------------------------------- Dated this the 18th day of January, 2008 JUDGMENT Koshy, J. Petitioner submitted an application for grant of pension under the Kerala scheme under the Kerala Freedom Fighters' Pension Rules, on 27.7.1971 claiming freedom fighters' pension from 1.4.1971. Exhibit P1 is the letter issued by the District Collector, Kannur seeking various clarifications from the petitioner relating to his application. It clearly shows that his application dated 27.7.1971 was received by the District Collector. Later, when the Kasaragod District was formed, his application was transferred to the District Collector, Kasaragod. Since the same was not being processed, the petitioner filed O.P.No.3695 of 1995 before this Court. Before the District Collector, Kasaragod also he filed application dated 31.12.1993. The District Collector, Kasaragod passed Exhibit P3 proceedings according sanction for the grant of pension as per the Rules. Petitioner filed Exhibit P4 representation, contending that he is entitled for pension as per the original scheme from the date of receipt of the application. That was granted by the Government as W.A.59/08 2 per Exhibits P5 and P6 and Exhibit P9 is the consequential proceedings of the District Collector sanctioning an amount of Rs.80,717.50 as arrears. But, without any notice to the petitioner, by Exhibit P11 order, Exhibit P9 was withdrawn. He approached this Court and this Court by Exhibit P15 judgment directed the Government to reconsider the matter. In Exhibit P15 this Court found that there is merit in the contentions of the petitioner and directed the Government to re-examine the matter. In paragraph 8 of Exhibit P15 judgment it was observed as follows: “6. Having regard to the above mentioned facts and circumstances of this case, I find some force in the contention of the learned counsel for the petitioner that the petitioner's application dated 31.12.1993 was in continuation of his original application dated 27.7.1971. If the application dated 31.12.1993 was in continuation of the application dated 27.7.1971 the petitioner is justified in contending that pension was sanctioned to him based on his application dated 27.7.1971 which was admittedly received by the District Collector before 15.8.1972. In my view, the issue deserves to be reexamined by the Government in detail after hearing the petitioner also. I take such a view particularly in view of the fact that the benefits granted to the petitioner under Exhibits P5 and P6 Government letters and Exhibit P9 order of the District Collector, Kasargod were cancelled and withdrawn without notice to him and without giving him an opportunity to state why the alleged mistake should not be corrected.” W.A.59/08 3 Again by Exhibit P16, Government rejected the request of the petitioner. Two grounds are stated in Exhibit P16. One is that the pension was granted as per the direction of this Court as a special case. Second reason stated is that he applied for pension after 15.8.1992 only in 1993 and hence he is entitled to pension only from the date of sanction. This Court by Exhibit P2 judgment did not direct Government to grant his pension as a special case. Authorities were only asked to consider his application according to law. On 20.7.1971 itself he applied for freedom fighters' pension and by Exhibit P1 the District Collector, Cannanore acknowledged that request and several clarifications were asked for. Even though clarifications were forwarded, no orders were passed in 1971, despite several reminders were made by the senior citizens. Finally, when new Kasaragod district was formed, he was compelled to apply again. But it was in continuation of his earlier application. It is submitted by the appellant that in 1971 he applied only on the ground of his imprisonment. But in the application filed in 1993, consequent to the change in the district, his further ground was that he was compelled to go underground. But the fact remains that his application for pension was filed in 1971 and from that date itself, W.A.59/08 4 proceedings started. Exhibit P8 Government Oder clearly stated that if the application is filed on or before 15.8.1972, pension under the rules will be granted from 1.4.1971. The learned Single Judge in the impugned judgment considered the matter in detail and came to a factual finding that the applicant is entitled to get the pension from the date of his application. In the above circumstances, Exhibit P16 and other orders were quashed and Exhibit P9 was upheld. We find no ground for interfering with a finding of fact entered into by the learned Single Judge in an intra court appeal. Further, we are also satisfied that there is no ground for withdrawing Exhibit P9 order. It is submitted that the respondent (petitioner in the WP(c)) is more than 81 years of age and we find no merit in prolonging the agony of the petitioner. The Writ Appeal is dismissed. J.B.KOSHY, JUDGE K.HEMA, JUDGE vgs. W.A.59/08 5 J.B.KOSHY & K.HEMA, JJ. ------------------------------ W.A.No. 59 of 2008 ------------------------------ JUDGMENT 18.1.2008