UNION OF INDIA Vs. SUJATHA

JUDGEMENT

(1.) WRIT appeal is filed by the 1st respondent in WP(C) No. 20792/2013 challenging judgment dated 1.9.2014 by which the learned Single Judge while partly allowing the writ petition directed the appellant to effect payment of arrears of the Swatantrata Sainik Samman Pension (hereinafter referred as Pension) under the Swatantrata Sainik Samman Pension Scheme (hereinafter referred as the Scheme) from 28/7/1998 to 7/6/2010.

(2.) THE short facts involved in the writ petition would disclose that the application of the petitioner for pension was initially rejected by the Central Government on the ground that there was no primary evidence to establish that her late husband had become eligible for pension under the Scheme. She claimed that her late husband had undergone detention in the prison during freedom struggle, viz., Punnapra Vayalar Struggle and was accused in Case No. PE6/1122 ME, which was renumbered as SC No. 8/1123 ME. Claim was that he had suffered detention from 11/3/1122 to 26/4/1123 ME and was also an under trial prisoner from 27/4/1123 ME to 19/8/1123 ME. The petitioner approached this Court by filing WP(C) No. 6445/2010. By judgment dated 7/6/2010, this Court after setting aside the order passed by the Central Government directed grant of pension to the petitioner under the Scheme from the date when the original application for pension was filed either by the petitioner or by her husband. The matter was carried in appeal which came to be disposed on 14/8/2012 in WA No. 2096/2010 in which Division Bench of this Court by setting aside the judgment disposed of the appeal with the following directions;

(3.) THE contention urged in the writ petition was that she was entitled to pension from the date of application, i.e., from 28/7/1998. Petitioner also relied upon judgment of the Supreme Court in Union of India v. Kaushalaya Devi ( : 2007 (9) SCC 525) and contended that when the pension has been sanctioned on the basis of primary evidence viz., the jail certificate, the pensioner is entitled to get pension from the date of application.