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Judgment
T.R. Ramachandran Nair, J.—Heard learned Counsel for the petitioner and Shri Ibrahim Khan, learned Asst. Solicitor General appearing for the respondent.
The respondent has filed an affidavit stating that by Annexure R-1 order, sanction has been given to grant dependent family pension to the petitioner from 19.7.2005 only. It is pointed out by the learned Counsel for the petitioner that the petitioner is entitled for arrears from the date of receipt of the application. The stand taken by the respondent is that the arrears are payable only from the date of receipt of the recommendation from the State Government and reliance is placed on a decision of the Apex Court in Union of India (UOI) and Another Vs. Kaushalaya Devi, .
In the operative portion of the judgment it was directed as follows:
Ext.P5 is, therefore, quashed and the first respondent is directed to pass consequential orders granting pension at any rate from the date of receipt of the application dated 18.3.1998 submitted by the petitioner.
Evidently, in Ext.R-1 order, the entitlement of the arrears from the date of receipt of application dated 18.3.1998 has not been considered.
Therefore, appropriate orders will be passed with regard to the claim for arrears from the date of receipt of application, by the respondent even though it is submitted on behalf of the respondent that arrears are payable only from the date of receipt of the recommendation. It is up to the respondent to communicate their decision in that regard to the petitioner which will be done within a period of one month from today. If the said order is adverse to the petitioner, she will be free to challenge the same before this Court.
The C.C.C. is closed.