B. v. Channaveera Reddy VS State of Karnataka & Ors
2006-01-18
K.L.MANJUNATH
body2006
DigiLaw.ai
ORDER 1. The petitioner is a freedom fighter and had participated in the freedom struggle and he was sentenced to rigorous imprisonment of six months by the Ist Class Magistrate, Chitradurga in Crime No. 80/47-48. On an application filed by the petitioner, the respondent has sanctioned the pension payable to freedom fighters. The petitioner was drawing the pension since the date of sanction. However, for the relevant period, namely, from 1-2-1976 onwards the petitioner has not drawn pension. Therefore, he filed an application to pay the arrears of pension payable to him commencing from 1-2-1976. On 13th August 2001 the Government has passed an order sanctioning arrears of pension payable to the petitioner with effect from 1-10-1993 to 31-3-1999 and to continue to pay the pension payable to the petitioner. However, the pension payable for the period 1-2-1976 to 30-9-1993 has been rejected on the ground that the petitioner has failed to produce the documents to the satisfaction of the Government. Being aggrieved by the non-sanction of the arrears of pension from 1-2-1976 to September 1993, the present petition is filed. 2. I have heard the counsel for the parties. 3. It is not in dispute that considering the application of the petitioner, pension was sanctioned to him considering him as a freedom fighter. It is also not in dispute that due to unavoidable circumstances the petitioner has not drawn the pension regularly. But only on the said ground, the respondents cannot reject the right accrued to the petitioner in drawing the pension from 1-2-1976. If the petitioner has not drawn the pension regularly, he need not assign the reasons while requesting the respondents to pay the arrears of pension. 4. What is to be considered by the Government is whether for the relevant period, the Government has paid the pension payable to the petitioner or not. If the same is not paid as and when a request is made by the petitioner, the same should have been sanctioned by the Government. Since the same is not done, this Court is of the opinion that Annexure-A has to be modified and Writ Petition is required to be allowed. 5. Accordingly, the Writ Petition is allowed directing the respondents to pay the arrears of pension payable to the petitioner for the period 1-2-1976 to September 1993 within a period of six months from today. 6. Petition allowed.