UNION OF INDIA Vs. MANIYAMMA

JUDGEMENT

(1.) This appeal is filed by the respondent in W.P.(C) No.5993/2012 challenging judgment dated 25/11/2014 by which the learned Single Judge allowed the writ petition and directed the appellant to effect payment of Swatantrata Sainik Samman Pension (hereinafter referred as the Pension) from the date of receipt of the application.

(2.) The short facts involved in the writ petition would disclose that the application of the petitioner's husband for SSS Pension was submitted on 25/6/1998. Her husband died on 13/11/1998. She claimed that her late husband had undergone detention in the prison during freedom struggle, viz., Punnapra Vayalar Struggle as a convict. The jail certificate was received only on 3/2/2007. Though the State Government recommended the application, the Central Government rejected the same. The petitioner approached this Court by filing WP(C) No.15403/2010. By judgment dated 26/11/2010, this Court after setting aside the order passed by the Central Government directed grant of pension to the petitioner under the Pension Scheme. From which date it has to be granted was left for consideration by the Central Government especially in the light of judgment in Union of India v. Kaushalaya Devi, 2007 9 SCC 525

(3.) Pursuant to the above judgment, by order dated 3/2/2011, the Central Government recommended grant of pension to the petitioner, from the date of judgment in W.P.(C) No.15403/2010.