BHARATHI KRISHNAN Vs. UNION OF INDIA

JUDGEMENT

(1.) DENIAL of pension under the 'Swathantrata Sainik Samman Pension Scheme, (SSSP Scheme in short) to the petitioner is under challenge.

(2.) THE proceedings are now before this Court after several rounds of litigation at different levels. THE case of the petitioner is that the deceased husband of the petitioner was a participant in the 'Punnapra-Vayalar' Movement, which was declared as a freedom struggle by the Central Government. In connection with such participation, the deceased husband of the petitioner had to undergo imprisonment for more than six months from 29/01/1124 ME to 25/07/1124 ME, as revealed from Ext. P1 'jail certificate' issued by the concerned authorities. After considering the credentials of the deceased husband, the involvement of the said person was duly recognised by the State Government, treating him as a freedom fighter and was granted pension under the State Scheme, as borne by Ext. P2.

(3.) PURSUANT to the above verdict, the State Government sent Ext. P9 report to the first respondent on 15/05/2009, however, observing that the claim preferred by the petitioner was 'not recommended'. This, in turn, was considered by the first respondent, who issued Ext. P13 rejection order dated 04/01/2010, which forms part of the subject-matter of challenge in this writ petition.