Leela vs State Of Kerala
2021 Latest Caselaw 15013 Ker

W.P(C).3290/2021
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                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                   THE HONOURABLE MR. JUSTICE SUNIL THOMAS
          FRIDAY, THE 16TH DAY OF JULY 2021 / 25TH ASHADHA, 1943
                            WP(C) NO. 3290 OF 2021
PETITIONER/S:

              LEELA, AGED 77 YEARS, W/O. LATE K.K.MADHAVAN, RESIDING
              AT KANNANKARAVELIL HOSUE, KANAKAKUNNU, KANNUKARA P.O.,
              THANNERMUKKAM, CHERTHALA, ALAPPUZHA-688 527.

              BY ADVS.
              C.V.MANUVILSAN
              SMT.SHEEBA G
              SRI.O.A.ANJU
              SHRI.SARATH KRISHNAN T.



RESPONDENT/S:

      1       STATE OF KERALA, REPRESENTED BY THE DEPARTMENT OF
              GENERAL ADMINISTRATION (FREEDOM FIGHTERS PENSION
              DEPARTMENT), SECRETARIAT, THIRUVANANTHAPURAM-695 001.

      2       THE DISTRICT COLLECTOR, IST FLOOR, COLLECTORATE, CIVIL
              STATION, ALAPPUZHA-688 001.

      3       THE TAHASILDAR, TALUK OFFICE, POLICE STATION ROAD, NEAR
              MINI CIVIL STATION CHERTHALA, ALAPPUZHA-688 524.

      4       THE VILLAGE OFFICER, THANNERMUKKAM NORTH VILLAGE,
              THANNEERMUKKAM P.O., CHERTHALA, ALAPPUZHA-688 527.


OTHER PRESENT:

              SR.GP BIMAL K NATH


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C).3290/2021
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                              JUDGMENT

Petitioner is the widow of a freedom fighter who was a recipient of

freedom fighters pension under the Kerala Freedom Fighters Pension

Scheme. On his death, petitioner is entitled to get pension. She submitted

application. She produced document to show that, she has since not

remarried, copy of the death certificate and consent letter given by the

other legal heirs who stated that they have no objection in granting the

pension to the petitioner. Petitioner approached this Court lamenting that

Ext.P8 representation before the second respondent has not been

considered.

2. When the matter was taken up today, learned Senior

Government Pleader, on instructions, submitted that the pension order had

been released. Learned counsel for the petitioner also endorsed this,

however, contended that, the right to challenge the pension order which

provided pension only from the date of valid application ie, 15.03.2021

only. It was further submitted by the learned Senior Government Pleader

that, in the application, though pension details of the husband were given,

nominee was not prescribed and by virtue of Rule 18A, on the strength of

GOP 148/12 GAD 13/6/12, if nominee is not appointed, date of application

of pension will be from the date of receipt of completed application, which W.P(C).3290/2021

in this case was 15.03.2021. Accordingly, petitioner is entitled to pension

only from that date, it was contended.

3. Though the pension order is not before me, in the light of the

submission made by the learned Senior Government Pleader, I am inclined

to close the Writ Petition recording the issuance of pension order. It is

made clear that, if the petitioner has any further grievance regarding the

date of commencement of pension, she will be free to seek her appropriate

reliefs, in accordance with law.

Writ Petition is closed accordingly.

Sd/-

SUNIL THOMAS JUDGE Sbna/ W.P(C).3290/2021

APPENDIX OF WP(C) 3290/2021

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE PHOTOCOPY OF THE JUDGMENT WPC NO.33599 OF 2007 DATED 15.1.2008 PASSED BY THE HON'BLE HIGH CORUT OF KERALA.

EXHIBIT P2 A TRUE PHOTOCOPY OF THE PENSION PAYMENT ORDER VIDE P.P.O. NO.KFF 14489 ISSUED BY THE OFFICE OF THE ACCOUNTANT GENERAL.

EXHIBIT P3 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 5.11.2018 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.

EXHIBIT P4 A TRUE PHOTOCOPY OF THE CERTIFICATE VIDE KDIS. 9739/19/A4 DATED 18.7.2019.

EXHIBIT P5 A TRUE PHOTOCOPY OF THE DEATH CERTIFICATE IN FORM NO.6 ISSUED FROM THE OFFICE OF CHERTHALA MUNICIPALITY.

EXHIBIT P6 A TRUE PHOTOCOPY OF THE APPLICATION DATED 30.11.2017 SUBMITTED BY THE YOUNGER SON OF THE PETITIONER FOR DISBURSEMENT OF FUNERAL EXPENSES OF FREEDOM FIGHTERS ON BEHALF OF HIS DECEASED FATHER LATE K.K.MADHAVAN.

EXHIBIT P7 A TRUE PHOTOCOPY OF THE CONSENT LETTER JOINTLY SUBMITTED BY ALL THE LEGAL HEIRS OF LATE MADHAVAN.

EXHIBIT P8 A TRUE PHOTOCOPY OF THE DETAILED REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 12.3.2020.