Search Results Page

Search Results

1 - 4 of 4 (0.30 seconds)
Documents citing Puthusseri Valiya Veettil Thambayi ... vs Union Of India on 2 June, 2011

Pulukkool Krishnan Nair vs The Union Of India

6. During the course of hearing, the learned counsel for the petitioners submits that the basic question whether the pension under the SSSP Scheme is payable with effect from the date of application or with effect from the date of the order has already been considered by this Court in the light of law declared by the Apex Court on the point and the position has been made clear as per the decision reported in 2011 (3) KLT 105 [Thambayi Amma Vs. Union of India], holding that, in cases involving 'primary evidence' (Jail certificate .. etc.), it has to be w.e.f the date of application and in case of 'secondary evidence' (Personal Knowledge Certificate, Co-prisoners Certificate ... etc), it has to be w.e.f. date of order. The petitioners claim the benefit of the aforesaid judgment, so as to have the payment effected accordingly.
Kerala High Court Cites 2 - Cited by 0 - P R Menon - Full Document

Bharathi Krishnan vs Union Of India Rep. By The Secretary on 13 December, 2011

16. It is also made clear that, since the law stands settled by virtue of the declaration made by the Apex Court in Union of India v. Kaushalayadevi ((2007) 9 SCC 525)) and this Court in Puthusseri Valiya Veettil Thambayi Amma v. Union of India (2011 (2) KHC 891), the beneficiary is entitled to have the pension with effect from the date of receipt of the application, when the claim is supported by 'primary evidence', i.e., the jail certificate, unlike other cases sought to be substantiated by secondary evidence, where it shall be with effect from the date of the order. In the instant case, since the claim is substantiated on WPC 22582/2010 14 the basis of the primary evidence, i.e., jail certificate, it has to be from the 'date of the application' and non-receipt of the State recommendation shall not stand in the way, as made clear by the Apex Court in the aforesaid decision.
Kerala High Court Cites 5 - Cited by 0 - P R Menon - Full Document

Union Of India vs Thalyan Veettil Lakshmi Amma

2. Issue agitated in the writ petition was only with respect to the date from which the petitioner is eligible to get the Dependant Family Pension. Exhibit P6 is the order sanctioning Dependant Family Pension to the writ petitioner (which is produced as Annexure-A1 along with this review petition). The said order had sanctioned Family Pension with effect from 19-02-2010, whereas the petitioner RP No.210/2014 -2- claimed that the pension ought to have been sanctioned from the date of receipt of the application onwards. This court after referring to the decision of the hon'ble Supreme Court in Union of India V. Radhamony (2005 (4) KLT 27) and Thambayi Amma V. Union of India (2011 (3) KLT 105) found that pension should be given from the date on which the original application is received by the competent authority. Contention raised on behalf of respondents in the writ petition was that there is no reason to grant pension from the date of the application because the pension was granted on the basis of "benefit of doubt". The said contention was negatived by this court finding that there is nothing indicated in Ext.P6 that the pension was granted without any clear proof on the basis of "benefit of doubt". This court found that merely because the 'imprisonment suffering' by the freedom fighter was not for the complete period of six months or because the Government have taken a lenient view in the matter, it cannot be said that the pension was sanctioned without RP No.210/2014 -3- clear evidence or on the basis of "benefit of doubt". Therefore it is held that the writ petitioner is entitled to receive the Family Pension with effect from 05-05-1998, the date on which the original application was received by the competent authority. The authorities were directed to make payment of arrears of pension within a period of 3 months from the date of receipt of the judgment.
Kerala High Court Cites 2 - Cited by 0 - C V Rehim - Full Document
1