UNION OF INDIA REP BY ITS SECRETARY TO GOVERNMENT Vs. DEPUTY SECRETARY TO THE GOVT OF INDIA MINISTRY OF HOME AFFAIRS

JUDGEMENT

(1.) THE appellant, Union of India, challenges the judgment of the learned Single Judge directing disbursement of family pension under the "Swatantrata Sainik Samman Pension Scheme" (hereinafter referred to as 'SSS Pension Scheme') to the 1st respondent/writ petitioner with effect from the date of receipt of application. THE Union of India has conceded to the position that the 1st respondent is eligible to family pension under the SSS Pension Scheme as declared by Exhibit P4 judgment of this Court. THE dispute centres around the date of receipt of application.

(2.) THE Union of India in the above writ appeal contends that the 1st respondent's claim was considered by them only after receipt of recommendation from the State Government. Considering the delay involved after the judgment was passed in the earlier writ petition, the appellants had sanctioned the family pension with effect from 9.3.2010, i.e., the date of the above mentioned judgment. It is the specific case of the appellants that as per the records of the appellants/Ministry, the pension application of the 1st respondent had not been received through the State Government along with the verification report prior to the filing of the writ petition or thereafter. THE pension was sanctioned in obedience to Exhibit P4 judgment on the recommendation received from the Government, is the stand of the appellant.

(3.) EVEN at that point of time, there was in existence a Freedom Fighters' Pension Scheme of 1972, which was declared during the 25th Anniversary of Independence. The said scheme was subsequently extended in the scope of its application and was named as "Swatantrata Sainik Samman Pension Scheme, 1980", produced as Exhibit P1. The Kavumbai Movement was recognized by the Government of India for the purpose of grant of SSS Pension under the said Scheme by letter dated 20.1.1998. It is the case of the 1st respondent that she had applied for the said pension as per Exhibit P2 and that the same was sent by "registered post with acknowledgment due" to both the Deputy Secretary, Government of India, Ministry of Home Affairs as also the District Collector, Kannur, evidenced by the postal receipts referred to above. Nothing transpired in the application sent in 1998 and hence, in the year 2009, she approached this Court by W.P.(C).No.33069 of 2009 claiming consideration of her application. One another similarly placed person, also a widow, also approached this Court for the very same reliefs by filing W.P.(C).No.33068 of 2009. W.P.(C).No.33068 of 2009 was disposed of on 8.3.2010 directing the respondents therein to extend the benefit of the SSS Pension Scheme from the date of receipt of the application in that case. W.P.(C). No.33069 of 2009 filed by the 1st respondent was disposed of by judgment dated 9.3.2010 directing that if no recommendation is made, the State Government shall make necessary recommendations in the light of the Pension Scheme and also directed expeditious disposal of the same. The 1st respondent was granted pension in compliance with the said judgment, however, from the date of judgment, while the petitioner in the other case was granted pension from the date of application. This, according to the 1st respondent, is gross discrimination.