KIZHAKKE VEETTIL MANAN KANNAN Vs. STATE OF KERALA SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL ADMINISTRATION SECRETARIAT THIRUVANANTHAPURAM

JUDGEMENT

(1.) THE first petitioner is dead and his legal heirs are brought on record as supplemental petitioners 2 to 9. THE first and second petitioners claim pension as having participated in the propagation of Khadi and Hindi during freedom struggle. Exts.P1 and P5 are the applications put in by petitioners 1 and 2 respectively.

(2.) The petitioners contend that their claim was rested on Ext.P7 order amending the Kerala Freedom Fighters Pension Rules. But Exts.P1 and P5 applications were rejected by Exts.P4 and P6 orders issued by the District Collector. It appears that the government had by then taken a policy decision not to treat such persons at par with freedom fighters.

(3.) I take note Exts.P8 and P9 orders are in variance with GO Rt 7200/96 dated 31.08.1996 whereby the Khadi Hindi pension was cancelled. The petitioners had admittedly submitted Exts.P1 and P5 applications for pension when Ext.P7 Rules were in vogue. The petitioners contend that nothing prohibited the government from sanctioning pension as per Ext.P7 Rules at that point of time. It is their case that the name of the petitioners also would have found a place in Exts.P8 and P9 in such circumstances.