R. Murugamalai v. Union of India, Rep. by its Secretary to Government, New Delhi
2012-01-31
K.N.BASHA
body2012
DigiLaw.ai
Judgment :- 1. The petitioner has come forward with this petition seeking for the relief of direction to the respondent to pay the arrears of Freedom Fighters’ Pension paid under “Swathanthira Sainik Samman Scheme” from the date of Review Application dated 01.11.1986. 2. The learned counsel for the petitioner would submit that the petitioner is a freedom fighter and he has sought for the relief of pensionary benefits under the “Swathanthira Sainik Samman Scheme” pursuant to the orders passed by this Court dated 04.08.2010 in W.P. No. 17403 of 2009 filed by the petitioner herein. It is contended that the petitioner was granted the relief of pension as per the order dated 07.04.2011 by the respondent herein only with effect from 04.08.2010, i.e., from the date of order in the writ petition instead of paying the amount from the date of review application dated 01.11.1986. The learned counsel for the petitioner would submit that even while passing the order dated 04.08.2010 in W.P. No.17403 of 2009, the Court referred the decisions in K. Appanraj V. The Secretary to Government of India and Other reported in and The Government of India V. T.R.T. Thirumalaivasi and Another reported in and in the said two decisions, the pensionary benefits was paid to the freedom fighters from the date of application by the respective freedom fighters and as such, the respondent ought to have granted the benefit of pensionary benefits from the date of review application of the petitioner, i.e., from 01.11.1986. 3. Per contra, Mr. S.Thiruvengadam, learned Additional Central Government Standing Counsel for the respondent herein would submit that there is no such specific direction given by this court while passing the order dated 04.08.2010 in W.P. No. 17403 of 2009 granting the relief of pensionary benefits from the date of review application. It is contended that this Court directed the respondent to consider the review application dated 01.11.1986 and pass appropriate orders relating to grant of pension under “Swathanthira Sainik Samman Scheme, 1980”. 4. This Court carefully considered the submissions made by both sides and perused the materials available on record including the earlier orders passed by this Court dated 04.08.2010 in W.P. No. 17403 of 2009. 5.
4. This Court carefully considered the submissions made by both sides and perused the materials available on record including the earlier orders passed by this Court dated 04.08.2010 in W.P. No. 17403 of 2009. 5. At the outset, it is to be stated that pursuant to the orders passed by this Court dated 04.08.2010 in W.P. No.17403 of 2009, the respondent herein granted the relief of pensionary benefits to the petitioner as per his proceedings dated 07.04.2011 with effect from 04.08.2010, i.e., the order of this Court made in W.P. No. 17403 of 2009. The only grievance of the petitioner is to the effect that the petitioner was not given the benefit of pension with effect from the date of review application i.e., from 01.11.1986. I am able to see much force in such grievance and contention put forward by the petitioner herein before this Court. 6. It is seen that this Court passed an order dated 04.08.2010 in W.P. No. 17403 of 2009 by directing the respondent herein as hereunder: “17.) In these circumstances, the writ petition is disposed of with a direction to the respondent to consider the review application made by the petitioner on 01.11.1986 and pass appropriate orders relating too grant of pension under “Swathanthira Sainik Samman Scheme, 1980, in the light of the observations made above, within a period of four weeks from the date of receipt of copy of this order. No costs.” The above direction makes it crystal clear that this Court directed the respondent to consider the review application of the petitioner herein dated 01.11.1986 for the grant of pension under “Swathanthira Sainik Samman Scheme, 1980” in the light of the observations made in that order within time frames. It is needless to state that the respondent ought to have granted the relief of sanction of pension from 01.11.1986, i.e., from the date of review application and not from the date of the order passed by this court, i.e., from 04.08.2010. 7. In view of the same, this Court is constrained to direct the respondent herein to pay the arrears of pension to the petitioner from the date of review application, i.e., from 01.11.1986 within a period of six weeks from the date of receipt of a copy of this order. This petition is ordered accordingly. No costs.