B.V. Pavithran vs Union of India (UOI)

T.R. Ramachandran Nair, J.—Petitioner is a freedom fighter, who had actively participated in the Punnapra-Vayalar movement. He was an applicant for sanctioning of pension under the Swatantrata Sainik Samman Pension Scheme. Here this Court is concerned only with the claim for payment of arrears.

By Ext.P5, pension has been sanctioned from 31/03/2008 onwards. The said order has been passed in the light of the directions issued by this Court in Ext.P4 judgment dated 04/01/2008 in WP(C) No. 29604/2003. Learned Counsel for the petitioner submitted that the claim for arrears from the date of receipt of the application has not been considered in spite of the directions in Ext.P4 judgment.

In Ext.P4 judgment, it was directed by this Court that "if the pension is sanctioned, the 1st respondent will consider the question of grant of arrears also from the date of receipt of the application, Ext.P2". The petitioner has produced Ext.P7, a copy of the acknowledgment card, which shows that the application dated 20/04/1998 has been received on 24/09/1998.

The entitlement of such an applicant for pension from the date of receipt of the application has been laid down by a Division Bench of this Court in the decision in Union of India (UOI) Vs. Radhamony, . In paragraph 4 thereof, it was held thus:

Pension should be given to the applicant from the date on which the original application is received irrespective of whether the application is filed with or without requisite evidence. The sanction of pension would however be subject to the requisite proof in support of the claim. The relevant date is the date on which the application was received by the authorities.

In the light of the directions issued by this Court in Ext.P4 judgment, the respondent ought to have considered the claim for arrears from the date of receipt of the application. In that view of the matter, there will be a direction to the respondent to consider the claim for arrears from the date of receipt of the application i.e.24/09/1998 and pass appropriate orders, within a period of two months of receipt of a copy of this judgment. The eligible amount will be disbursed to the petitioner without any delay.

This writ petition is disposed of as above.