The issue involved in this writ petition is whether the pension under the 'Swatantrata Sainik Samman Pension Scheme' promulgated by the Central Government is payable with effect from the date of receipt of the application or with effect from the date of passing the order or the Judgment, as the case may be.

2. The factual matrix is as follows:

The husband of the petitioner was a participant in the 'Kavumbai Movement' which was declared as a freedom struggle only on 20-01-1998. In connection with the freedom struggle as above, the petitioner's husband happened to undergo confinement for a period of more than 6 months. As a matter of fact, the husband of the petitioner who took the last breath on 29-08-1982, was infact charge sheeted for various offences i.e., under Section 147, 148, 332 & 307, I.P.C and was remanded to jail on 28-01-1947. He was convicted by the Special First Class Magistrate's Court, Tellicherry on 14-06-1947. The confinement continued till 16-08-1948 and it was in different jails (Central Jail, Cannanore and Central Prison, Vellore). The factual aspects regarding the confinement, as certified by the concerned jail authorities and as discussed in the op