UNION OF INDIA Vs. K DEVAKI

JUDGEMENT

(1.) The Union of India is in appeal challenging the judgment of the learned Single Judge dated 12.08.2010 allowing W.P.(C) No.25066 of 2009. The Writ Petition was filed by the first respondent claiming pension under the Swatantrata Sainik Samman Pension Scheme (SSSP Scheme for short) of the Government of India. The learned Single Judge has allowed the Writ Petition and directed her to be granted pension with arrears from the date of her application dated 20.12.2001. Though this Writ Appeal was admitted in the year 2011, since no interim order was granted, it is submitted by the counsel for the respondent that, she has been receiving the pension from the date of the judgment appealed against. However, only 50% of the arrears have been paid to her. She is in her late 80's, old and infirm.

(2.) The case of the first respondent is that her husband late Kuttan was a soldier in the Indian National Army (INA for short) under Nethaji Subhash Chandra Bose. He had suffered imprisonment for four months in the Changi Jail in Singapore and three months imprisonment in Bangkok. In 1993, he had filed an application for pension under the SSSP Scheme. However, the same was not considered for want of a co-prisoner's Certificate. Later on, he produced two co-prisoner's Certificates. As per exhibit P1 dated 23.06.1989, he had sought for a review of the earlier order rejecting his claim for pension. Meanwhile, he was granted pension under the Kerala Freedom Fighters Pension Scheme. In the above circumstances, he died on 08.06.1990. The first respondent thereafter submitted exhibit P4 application dated 20.12.1990 which was followed by exhibit P5 application in the prescribed form on 20.12.2001. The same was rejected by exhibit P17.

(3.) Since no orders were passed on the said application, first respondent filed W.P.(C) No.37145 of 2008 seeking appropriate reliefs. Pursuant to the judgment in the said Writ Petition, the District Collector Palakkad considered the matter and recommended the case for the grant of SSS pension. The Government of Kerala also recommended the same. However, the Government of India by exhibit P17 order dated 30.07.2009 rejected the claim of the first respondent. The claim was rejected for the reason that, the co-prisoners who had issued the Certificates on the basis of which the first respondent had claimed pension, had not suffered imprisonment for the stipulated period of one year. It was the said order that was under challenge in the Writ Petition.