Tresa Nicholas v. Union Of India And Another

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 27TH DAY OF JULY 2015/5TH SRAVANA, 1937 WP(C).No. 37916 of 2008 (L) ---------------------------- PETITIONER :

----------------------- TRESA NICHOLAS, W/O.M.A. NICHOLAS, AGED 80 YEARS, MARAPARAMBIL HOUSE, CHIRACKKAKAM.P.O., VARAPUZHA, ERNAKULAM DIST.

BY ADV. SRI.BIJU ABRAHAM RESPONDENT(S):

----------------------------

1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, NEW DELHI.

2. THE DISTRICT COLLECTOR, ERNAKULAM.

R1 BY ASST. SOLICITOR GENERAL SRI.N.NAGARESH ADV. SMT.M.MEENA JOHN, CGC R2 BY GOVERNMENT PLEADER SRI.S.JAMAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).NO.37916/2008 APPENDIX PETITIONER'S EXHIBITS:

EXT.P1 COPY OF THE ORDER GRANTING PENSION TO M.A. NICHOLAS DATED 08/03/1974 EXT.P2 COPY OF THE COMMUNICATION DATED 05/01/1983.

EXT.P3 COPY OF THE PROCEEDINGS NO.R.DIS.29165/99/A2 DATED 30/11/1999 OF THE 2ND RESPONDENT.

EXT.P4 COPY OF THE REPRESENTATION DATED 22/12/1999 EXT.P5 COPY OF THE REPRESENTATION DATED 25/06/2005 OF THE PETITIONER TO THE 1ST RESPONDENT RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ P.S.TO JUDGE sts

K. Vinod Chandran, J ------------------------------------------- W.P.(C).No.37916 of 2008-L ------------------------------------------- Dated this the 27 th day of July, 2015

JUDGMENT

The petitioner in the writ petition claims to be a widow of a freedom fighter and seeks family pension under the Swatantrata Sainik Samman Pension Scheme (for brevity "SSSP Scheme) introduced by the Union of India.

2. In fact, the petitioner's husband made an application, which was rejected as early as in 1983, as is disclosed at Exhibit P2. The petitioner's husband is also said to have passed away on 19.03.1998. The petitioner is said to have made a claim in 1999. The claim for SSS Pension made by the freedom fighter himself having been rejected in 1983, the petitioner cannot seek to revive such claim. The writ petition would stand dismissed. No costs.

Sd/- K.Vinod Chandran Judge.

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