N.K. RAGHAVAN Vs. UNION OF INDIA (UOI)

JUDGEMENT

(1.) THE limited question herein is whether the respondent is right in denying the arrears of pension under the "Swatantrata Sainik Samman Pension Scheme" from the date of receipt of the application.

(2.) THE deceased original petitioner was a freedom fighter who had actively participated in the Punnapra -Vayalar Movement during the freedom struggle. On account of his participation in the freedom struggle, he was detained as an under trial prisoner in the defunct Sub Jail, Alappuzha in connection with Case No. 7/1122 ME for more than six months. After he was released, he was arrested by the police in the year 1124 ME in connection with Case No. CC. 280 of 1124 ME on the file of Divisional First Class Magistrate's Court wherein he was convicted and sentenced to undergo rigorous imprisonment for a period of two years, as per judgment dated 6.2.1125 ME. Thereupon he had undergone imprisonment in the Central Prison, Trivandrum for a period of one year and eight months from 8.2.1125 ME to 21.5.1951 after earning a remission of four months. The deceased petitioner was a recipient under the Kerala Freedom Fighter's Pension Scheme also.

(3.) EXHIBIT P7 is the communication issued by the Central Government rejecting the claim for arrears. It is mentioned therein that the original petitioner's representation dated 29.5.1998 was received in the Ministry on 14.8.2007 from the State Government and therefore the liability to pay pension is only from that date.