IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 WP(C).No. 31153 of 2006(H) ---------------------------------- PETITIONER(S): ------------------- VALSALA DEVI. V., AGED 45 YEARS, D/O.LATE V. BALAKRISHNAN EZHUTHACHAN, VENGASSERI HOUSE, ARAKURISSI, MANNARKKAD P.O., PALAKKAD DISTRICT-678 582. BY ADV. SRI.N.JAMES KOSHY RESPONDENT(S): -------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS DIVISION, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-110 003. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 3. COMMANDANT, MALABAR SPECIAL POLICE (MSP) OFFICE OF THE COMMANDANT, M.S.P.MALAPPURAM. 4. THE DISTRICT COLLECTOR, PALAKKAD DISTRICT. R1 ADVS. SRI.V.B.PREMACHANDRAN, CGC SRI.GEORGE JOSEPH, ADDL.CGSC SRI.S.KRISHNAMOORTHY, CGC R2 T O4 BY GOVT.PLEADER SRI.T.K.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 31153/2006 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE GOVERNMENT ORDER, DATED 21/08/1974. P2: COPY OF THE COMMUNICATION ISSUED BY THE MSP COMMANDANT DATED 13/09/1974. P3: COPY OF THE SWATANTRATA SAINIK SAMMAN PENSION SCHEME 1980. P4: COPY OF THE GOVERNMENT ORDER DATED 20/01/1998. P5: COPY OF THE CERTIFICATE DATED 19/02/1981. P6: COPY OF THE ORDER DATED 09/10/1999 SANCTIONING KFF PENSION TO THE PETITIONER. P7: COPY OF THE CERTIFICATE DATED 24/05/2004. P8: COPY OF THE MEDICAL CERTIFICATE DATED 15/01/1997. P9: COPY OF THE COMMUNICATION DATED 16/03/1981 SENT BY THE 1ST RESPONDENT TO THE PETITIONER'S FATHER. P10: COPY OF THE COMMUNICATION DATED 13/01/1983 SENT BY THE 1ST RESPONDENT TO THE PETITIONER'S FATHER. P11: COPY OF THE PETITIONER'S REPRESENTATION DATED 07/05/2004. P12: COPY OF THE ORDER IN WPC. NO.32398/2004 DATED 28/07/2006. P13: COPY OF THE JUDGMENT IN WPC.NO.32398/2004 DATED 28/07/2006 P14: COPY OF THE REJECTION ORDER DATED 07/11/2006 ISSUED BY THE FIRST RESPONDENT. P15: COPY OF THE RELEVANT PORTION OF THE TEACHERS TRAINING CERTIFICATE OF THE PETITIONER'S FATHER, DATED 20/04/1949. P16: COPY OF THE APPOINTMENT ORDER ISSUED TO THE PETITIONER'S FATHER, DATED 11/07/1951. P17: COPY OF COMMUNICATION DATED 11/03/2010. svs ..........2/-.... ...2... WPC.NO.31153/2006 P18: COPY OF THE COMMUNICATION DATED 24/05/2010. P19: COPY OF THE COMMUNICATION DATED 05/10/2010. P20: COPY OF THE COMMUNICATION DATED 13/10/2010. P21: COPY OF THE COMMUNICATION DATED 09/06/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs ANTONY DOMINIC, J --------------------------------------- W.P(C) No.31153 of 2006 ---------------------------------------- Dated this the 13th day of July, 2011. J U D G M E N T The petitioner claims that her father Sri.Balakrishnan Ezhuthachan was a freedom fighter, who participated in the MSP mutiny of 1946 in solidarity with Indian Freedom Struggle movement. Following the introduction of Swatantrata Sainik Samman Pension Scheme 1980, the petitioner's father made an application for the benefit of the scheme, producing Ext.P5 certificate issued by the 3rd respondent. The matter was kept pending for so long and meanwhile, petitioner's father expired and the petitioner pursued her claim. 2. Since orders were not passed, the petitioner approached this Court and filed W.P(C) No.32398/2004. That writ petition was disposed of by Ext.P13 judgment directing the 1st respondent to take a decision on the claim of the petitioner. Accordingly, the matter was considered and claim was rejected by Ext.P14 order. It was thereupon on that this writ petition was filed challenging Ext.P14 and for consequential orders. 3. While the writ petition was pending, it is seen that the W.P(C) No.31153 of 2006 2 2nd respondent made a fresh recommendation to the 1st respondent, as per Ext.P17 dtd.11.3.2010. After receipt of Ext.P17, fresh orders have not been passed and according to the standing counsel appearing for the 1st respondent, the claim is pending consideration of the 1st respondent. Necessarily therefore, the claim of the petitioner deserves reconsideration. 4. In these circumstances, the writ petition is disposed of quashing Ext.P14 and directing the 1st respondent to reconsider the request of the petitioner, being a dependent of the deceased freedom fighter, for the benefit of freedom fighters pension, in the light of Ext.P17 recommendation. This the 1st respondent shall do as expeditiously as possible, at any rate within a period of three months from the date of receipt of a copy of this judgment. ANTONY DOMINIC ab JUDGE