In a writ appeal, the High Court of Kerala held that since the pension was sanctioned within three years of the application, it cannot be made retrospective. The appeal following Rule 18 of the Kerala Freedom Fighters' Pension Rules, 1971.
The writ appeal was dismissed. No costs awarded to the appellant.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE THE CHIEF JUSTICE MR.ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE DAMA SESHADRI NAIDU
MONDAY, THE 5TH DAY OF MARCH 2018 / 14TH PHALGUNA, 1939
WA.No. 1144 of 2017 IN WPC. 8314/2014
AGAINST THE JUDGMENT IN WP(C) 8314/2014 of HIGH COURT OF KERALA
APPELLANT(S)/PETITIONER
MADHAVI, AGED 87 YEARS, W/O.LATE M.P.KANDANKORAN, PUTHUKKAYIL HOUSE, IAPPADAMBU, ETTUKUNDUKKA P.O., VIA. KARIVALLUR, KANNUR-670521
BY ADV.SRI.P.C.SASIDHARAN
RESPONDENT(S)/RESPONDENTS:
BY SR.GOVERNMENT PLEADER SRI SURIN GEORGE IPE
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JJJ
ANTONY DOMINIC, C.J. & DAMA SESHADRI NAIDU, J.
Writ Appeal No. 1144 of 2017 (E) -----------------------------------------Dated: 05th March, 2018
J U D G M E N T
Antony Dominic, C.J.
This appeal is filed by the petitioner in W.P.(C) No.8314 of 2014. The petitioner's husband was a participant in the movement which led to the liberation of Goa from Portuguese rule, which has been recognized as a freedom movement eligible for pension. On 02.02.2008 petitioner made an application for pension to the then Chief Minister. That application was processed and by order dated 27.08.2011 Government sanctioned pension with effect from 07.10.2011. In the writ petition, she contended that limiting the pension from 07.10.2011 is illegal and, according to her, pension should have been granted at least with effect from the date of application. Relying on Rule 18 of the Kerala Freedom Fighters' Pension Rules, 1971
W.A. No.1144/2017
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('Rules' for short), which has been referred to by this Court in Pauly v. State of Kerala - 2008 (1) KLT 933 , the learned Single Judge upheld the Government Order and dismissed the writ petition. It is this judgment which is under challenge before us.
- 2010 (3) KLT SN 19 and also a Division Bench judgment
W.A. No.1144/2017
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of this Court in Pauly v. State of Kerala - 2008 (1) KLT 933 to contend that if there is inordinate delay in the Government passing orders, pension can be ordered to be paid from the date of application. To our mind these principles cannot have any application in the facts of this case, where, admittedly, order was passed within three years. We, therefore, do not find any reason to interfere with the impugned judgment.
The writ appeal is dismissed. No Costs.
Sd/ANTONY DOMINIC, CHIEF JUSTICE. Sd/DAMA SESHADRI NAIDU, JUDGE.
jjj 05/03/2018
1 issue framed by the court
Whether pension can be granted retrospectively from the date of application despite inordinate delay when sanction was passed within three years.
Colour shows how this judgement treated each authority
Pauly v. State of KeralaDistinguished¶19
Pauly v. State of Kerala - 2008 (1) KLT 933
State of Kerala v. RaghavanDistinguished¶25
State of Kerala v. Raghavan - 2010 (3) KLT SN 19
1 provisions across 1 enactments
MADHAVI
STATE OF KERALA
ANTONY DOMINIC
DAMA SESHADRI NAIDU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
ANTONY DOMINIC and DAMA SESHADRI NAIDU
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