K.G.VISWAPPAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners are legal heirs of a deceased freedom fighter by name Bava Gangadharan. The father of the petitioner's had participated in the Punnapra Vayalar Struggle and was also imprisoned. The father of the petitioner's, while he was alive had applied as per Ext.P5 dated 21.04.1998. However, he died in the year 2002. The wife of the deceased freedom fighter took up the matter and again made an application dated 11.04.2005. The wife of the deceased freedom fighter also moved this Court with a writ petition which was disposed of by Ext.P6. This Court by Ext.P6 directed consideration of the application submitted by the freedom fighter and also directed consideration as to whether the pension can be granted from 21.04.1998, the date on which the application was made by her husband. The petitioner also relies on Ext.P4 issued by the Ministry of Human Affairs to contend that the sanction of the pension has to be made from the date of order which included the movements under the Swatanthratha Sainik Samman Pension 1980 or from the date of receipt of application.

(2.) The learned Central Government Standing Counsel Sri. S.Krishnamoorthy submits that the application filed on 21.04.1998 was not processed since it was not forwarded with a recommendation by the State Government. It was the wife who produced the primary evidence by an application in 2005. Hence the pension was granted from the date of receipt of the application at the Ministry.

(3.) The wife of the deceased freedom fighter had again approached this Court with a writ petition which was disposed of by a Division Bench, by Ext.P10 judgment.