UNION OF INDIA Vs. KUMARI M R RADHAMONY

JUDGEMENT

(1.) The issue raised in this appeal is regarding the date of eligibility for granting pension under the Swatantra Sainik Samman Pension Scheme.

(2.) Writ Petitioner is an unmarried daughter of a freedom fighter, who was the grantee of the Kerala Freedom Fighters Pension as well as the Central Freedom Fighters Pension. She submitted an application on 15.4.1998 to the Union of India for family pension as a dependent of the freedom fighter after the death of her father. That application was allowed by Ext.P4 order granting family pension from 3.12.2003. The writ petitioner approached this Court and sought for a declaration that she is entitled to get arrears of pension with effect from 20.1.1998, the date of recognition of Punnapra-Vayalar Movement or atleast with effect from 15.4.1998, the date of Ext.P1 application for grant of SSS Pension. Petitioner has also sought a direction to the respondent to grant the arrears of dependent family pension for the period from 20.1.1998 to 2.12.2003. The learned Single Judge disposed of the Writ Petition placing reliance on the decision of this Court in Krishnankutty v. Union of India (2003 (1) KLT 21) holding that the petitioner is entitled to get family pension as a dependent with effect from 20.1.1998, the date on which the Punnapra - Vayalar Movement was recognised by the authorities as a National Freedom Struggle.

(3.) Learned counsel for the petitioner has also submitted that in similar circumstances the respondents have granted pension from the date of introduction of the Scheme.