K P PAULY Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant before us is a freedom fighter. He had approached the competent authority under the Kerala Freedom Fighters' Pension Rules, 1971 ('the Pension Rules' for short), inter alia claiming freedom fighters pension as provided under the Rules. The competent authority under the Pension Rules, after considering the application so filed by the appellant, has passed Ext. P2 order dated 20/05/2001 and in that has granted the freedom fighters pension from the date of the sanction order.

(2.) After receipt of Ext. P2 order, the appellant had filed Ext. P3 representation, inter alia, requesting the respondents to give him freedom fighters pension not from the date of the order, but from the date of filing of the application. That request of the appellant was rejected by the State Government by its order dated 22/12/2001. The applicant being aggrieved by the order so passed by the State Government was before this Court in OP No. 30812 of 2002, inter alia, questioning the correctness or otherwise of Ext. P4 order dated 22/12/2001. This Court by its judgment dated 19/12/2003 had quashed Ext. P4 order and had directed the State Government to reconsider Ext. P3 representation filed by the appellant and pass appropriate orders within three months from the date of receipt of a copy of the judgment.

(3.) After the disposal of the aforesaid original petition, the State Government has passed yet another order dated 06/04/2004 (Ext. P5) rejecting the claim of the appellant for grant of the pensionary benefits under the provisions of the Pension Rules from the date of the application. Aggrieved by the said order, the freedom fighter is before us once again in WP (C) No. 21680 of 2004.