PALLIKKATHODY MADHAVI Vs. THE UNION OF INDIA REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, LOK NAYAN BHAVAN, KHAN MARKET, NEW DELHI 110003 AND ORS.

JUDGEMENT

(1.) The petitioner, who is the widow of a deceased freedom fighter, is aggrieved by the stand of the 1st respondent-Union Government to the limited extent she has been granted Freedom Fighters' Dependent Pension under the Central Scheme only with effect from the date of sanction of the order and not with effect from the date of receipt of her application. The basis of the petitioner's claim is that she had duly submitted Ext.P-2 application dated 06.12.2004 before the respondents, along with the requisite certificate as per Ext.P-1 showing that the petitioner's deceased husband was dismissed from the Malabar Special Police with effect from 20.04.1946, on account of his participation in the Malabar Special Police strike. Accordingly, it is submitted by the petitioner that since the petitioner had produced necessary primary evidential material to prove her claim and since the claim was accepted, the 1st respondent was legally obliged to grant the Freedom Fighters' Dependent Pension, not merely from the date of sanction order, but with effect from the date of receipt of Ext.P-2 application dated 06.12.2004.

(2.) The prayers in this Writ Petition (Civil) are as follows:

(3.) Heard Sri.J.Omprakash, learned counsel appearing for the petitioner, Sri.Jaishankar V.Nair, learned Central Government Counsel appearing for R-1 (Union Government) and Smt.A.C.Vidhya, learned Government Pleader appearing for R-2 (State).