Petitioner is the widow of a freedom fighter Late.Kannan Chalangodan, who was arrested on 28.01.1947 in connection with Kavumbhai struggle. He had underwent imprisonment in respect of Crime No.83 of 1946 of Thaliparamba Police, registered as C.C.No.6/1947 before the Special First Class Magistrate, Thalassery and Crime No.117/1947, for offences under Sections 147, 148, 332 r/w Section 307 of Indian Penal Code. Later the case was committed to Sessions Judge, North Malabar and numbered as S.C.21 of 1947 and he was convicted by judgment dated 14.06.1947. Consequent to that he was transferred to Central Jail, Vellore on 28.10.1947. Producing the details regarding the jail sufferings as per Exts.P1 and P2 extract from the under trial prisoner register and convict register respectively of Central Jail, Kannur, petitioner's husband had submitted application after the Kavumbhai struggle was recognised as per Ext.P3 by order dated 20.1.1998. On receipt of the application from petitioner's husband, first respondent had by Ext.P4 order sanctioned the Swantantrata Sainik Samman Pension (for short 'SSS Pension') W.P.(C).No.12424 of 2010 2 and requested the petitioner's husband to forward 4 sets of documents mentioned therein for the purpose of disbursing the pension. It is stated that by that time the petitioner's husband received Ext.P4, he was bid-ridden following which he passed away on 22.07.2001. The petitioner is therefore claiming family pension based on the SSS Pension sanctioned in favour of her husband.
2. The respondents have filed a statement stating that the petitioner should have submitted application immediately after the death of her husband, in case she was in need of dependent family pension and that there is no reason for the belated application.
3. Respondents cannot have any dispute regarding the entitlement of the petitioner's husband for SSS Pension. From Ext.P4 as well as the counter affidavit, it is clear that the entitlement of the petitioner's husband for SSS pension was already found. If that be so there cannot be any objection in granting family pension to the petitioner. However, since it is seen that petitioner has not furnished the requisite details for granting pension, especially when the documents called for in Ext.P4 were not furnished by her husband. Petitioner has to produce those documents.
W.P.(C).No.12424 of 2010 3 Hence there will be a direction to the petitioner to produce the documents mentioned in Ext.P4, which are available with her and a legal heirship certificate to the second respondent and the second respondent shall process the same in accordance with the Scheme, taking into account Ext.P4 order issued to her late husband and she shall be paid the pension in accordance with the Scheme, which is applicable from time to time with effect from the date of death of her husband.
The arrears of pension shall be disbursed to petitioner within a period of 'three months' from the date of receipt of copy of the judgment.
Sd/-
P.V.ASHA, JUDGE.
AS