PUTHUSSERI VALIYAVEETTIL THAMBAYI AMMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The issue involved in this writ petition is whether the pension under the 'Swatantrata Sainik Samman Pension Scheme' promulgated by the Central Government is payable with effect from the date of receipt of the application or with effect from the date of passing the order or the Judgment, as the case may be. The factual matrix is as follows:

(2.) Taking note of the sufferings of the husband of the petitioner and considering the eligibility to obtain pension under the Kerala Freedom Fighter's Pension Rules, 1971, the same was granted to him till 29-08-1982; after which the pension was granted to his widows as per Ext. P3 order dated 27-10-1983. One of the two widows expired on 29-04-2000 and thereupon, the State Government granted pension to the Petitioner, the surviving widow.

(3.) The fact that the Central Government had declared 'Kavumbai Movement' as a part of the freedom struggle, as per order dated 20-01-1998 for the purpose of granting pension under Ext. P1 Scheme stands admitted. Since the petitioner's husband satisfied the conditions prescribed under the Scheme, Ext. P2 application was preferred in April 1998, but since nothing transpired for 11 years, the petitioner approached this Court by filing W.P. (C) No. 33069/2009 which culminated in Ext. P4 Judgment declaring the eligibility of the petitioner to receive the pension under the Central Scheme. However, taking note of the submission that the State Government was still to forward recommendation to the Central Government, appropriate directions were given in this regard and the matter was disposed of to have it finalized as specified, within the prescribed time.