High CourtsSingle Bench(2010) 09 KL CK 0389

Augusthy Mathai vs J.C. Kataria

High Court Of Kerala · Decided on 14 September 2010

HON’BLE JUDGES
T.R. Ramachandran Nair, J
CASE NUMBER
Con. Case (C) . No. 1666 of 2007 (S)

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Judgment

4 paragraphs · 224 words

T.R. Ramachandran Nair, J.—This Court allowed the writ petition by Annexure A judgment declaring that the petitioner is eligible for grant of pension under the S.S.S. Pension Scheme and the respondent was directed to pass consequential orders including arrears from the date of receipt of application.

2.

In the affidavit filed on behalf of the respondent, it is pointed out that orders have been passed as per Ext.R-1 granting pension to the petitioner from 4.5.1999 and it is pointed out by the learned Counsel for the petitioner that arrears from the date of receipt of application have not been sanctioned.

3.

In the judgment, there is already a direction to pay arrears from the date of receipt of application. But it is submitted on behalf of the respondent that the arrears have been sanctioned only from the date of receipt of the recommendation from the State Government which is based on the decision of the Apex Court in Union of India (UOI) and Another Vs. Kaushalaya Devi, . Ext.R-1 does not reflect the said decision. Therefore, the communication showing the decision with regard to the said claim will be issued to the petitioner within a period of one month from today and if the petitioner is aggrieved by the same, he will be free to challenge it before this Court.

The C.C.C. is closed.