IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 13TH AUGUST 2009 / 22ND SRAVANA 1931 WP(C).No. 23184 of 2009(P) -------------------------- PETITIONER(S): --------------- SMT.A.V.DEVAKI, W/O.KUNHIRAMAN NAMBIAR, KUNJUMBIDUKKA HOUSE, KANCHILERY, CHERIKODE, SREEKANDAPURAM, KANNUR. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, NEW DELHI. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, GENERAL ADMINISTRATION (FFP.B) DEPARTMENT, THIRUVANANTHAPURAM. R1 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.23184 of 2009 ---------------------------------------- Dated this the 13th day of August, 2009. JUDGMENT The petitioner's husband, now deceased K.Kunhiraman Nambiar, was a freedom fighter, who participated in the Kavumbayi Struggle, which is recognized now as part of the National freedom struggle, as per Ext.P5. 2. The application originally filed by K.Kunhiraman Nambiar for pension under the Central Scheme was not granted vide Ext.P3. But later, pension was granted to Kunhiraman Nambiar by the State Government on the ground that Kavumbai struggle was recognized as part of the National Freedom Struggle vide Ext.P4. But later, by Ext.P5, Kavumbai Struggle was recognized as part of the National Freedom Struggle. Thereafter, the application submitted by the petitioner's husband was recommended by the State as per Ext.P6, but no orders have been passed thereon. Hence this writ petition. W.P.(C).No.23184 of 2009 :: 2 :: 2. The petitioner's husband is no more. If the petitioner's husband is eligible for pension under the Central Scheme, then the petitioner is entitled to family pension under the said Scheme. A decision shall be taken in the matter of eligibility of the petitioner's late husband late Kunhiraman Nambiar, pursuant to Ext.P6 and on the petitioner's consequent eligibility for receiving family pension. Orders shall be passed by the 1st respondent within five months from the date of receipt of a copy of this judgment. 3. Writ petition is disposed of as above. The petitioner shall forward a copy of this judgment along with a copy of the writ petition to the 1st respondent. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge