IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WP(C).No. 29039 of 2005(F) ------------------------------------ PETITIONER(S): ------------------------- P.K.FATHIMAKUTTY, AGED 69 YEARS, W/O.THE LATE A.MOHAMMAD KUTTY, PATTARKADAVAN HOUSE, P.O.PATTARKADAVU, MALAPPURAM DISTRICT, KERALA-676 519. BY ADVS. MR.M.V.BOSE MR.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): -------------------------- 1. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, F F DIVISION, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-110 003. 2. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL ADMINISTRATION, FFP (A) DEPARTMENT, THIRUVANANTHAPURAM. BY ADV. MR.JAYAPRADEEP. V., ADDL.CGSC FOR R1 BY GOVERNMENT PLEADER MR.T.K.VIPINDAS MR.P.PARAMESWARAN NAIR,ASST.SG THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/03/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C) NO.29039/2005 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE DISCHARGE CERTIFICATE OF THE PETITIONER. P2:- COPY OF THE PROCEEDINGS DT. 14.12.89 OF THE DISTRICT COLLECTOR, MALAPPURAM. P3:- COPY OF THE LIST OF RECOGNISED MOVEMENTS/MTINIES RECOGNISED FOR SWATANTRATE SAMMAN PENSION. P4:- COPY OF THE COMMUNICATION DT. 4.1.91 FROM CIVIL GAZETTED OFFICER/ STAFF OFFICER (RECORDS ) FOR COMMODORE. P5:- COPY OF THE LETTER DT. 25.1.91 ISSUED BY THE HUSBAND OF PETITIONER. P6:- COPY OF THE LETTER DT. 12.4.91 ISSUED FROM THE NAVAL HEAD QUARTERS, NEW DELHI. P7:- COPY OF THE LETTER DT. 20.3.1997 FROM ZILLA SAINIK WELFARE OFFICER. P8:- COPY OF THE LIST OF SAILORS WHO WERE GRANTED FREEDOM FIGHTERS PENSION. P9:- COPY OF THE LIST OF RIN MUTINEERS APPROVED BY THE MINISTRY OF DEFENCE, GOVT. OF INDIA. TRUE COPY P.S. TO JUDGE TSS HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.29039 OF 2005 ---------------------------- DATED THIS THE 20TH DAY OF MARCH, 2009 JUDGMENT Petitioner is the widow of late A. Mohammedkutty, who joined Royal Indian Navy on 30/1/1944. In Ext.P1 discharge certificate it is endorsed that the petitioner's husband was released from service as excess to requirements vide D.O.D. V10/46. It is submitted that the petitioner's husband is a recipient of State pension. Ext.P2 is the proceedings dated 14/12/1989 granting State pension. Petitioner's husband expired on 28/3/2001. Petitioner submitted that her husband was also a participant in the Royal Indian Navy Mutiny 1946, which was also recognised as a freedom movement by the Central Government. The husband of the petitioner preferred an application dated 12/5/1987 for the Swatantrata Sainik Samman Pension (hereinafter referred to as 'SSS Pension'). Ext.P4 is a communication issued from the Office of the Staff Officer -2- W.P.(C).No.29039/2005 (Records) for Commodore, Bureau of Sailors, informing the petitioner's husband that his application is under consideration. Petitioner's husband clarified before the Authorities that the exact reason for discharge was participation in Mutiny. Ext.P5 is a representation submitted by the petitioner's husband. By Ext.P6 communication the Navel Headquarters informed the petitioner's husband that his application is under consideration. Again by Ext.P7 communication dated 20/3/1997 it was informed that instructions regarding the grant of pension are still awaited. Petitioner submitted that in spite of the fact that the application was submitted in the year 1987 except the communication stating that it is under consideration, no order has been passed by the authorities. She also submitted that after the death of her husband, the life of the family members is miserable due to financial strains, that there is none to look after her and her grandson, that her grandson is a mentally retarded child and that she is struggling hard to make both ends meet. 2. In the counter affidavit filed by the 2nd respondent it is -3- W.P.(C).No.29039/2005 inter alia contended that a list of participants of the Royal Indian Navy Mutiny was published by the Government of India; but the name of the petitioner's husband is not seen included in the list and that petitioner's category of Ex-RIN personnel is not eligible for getting SSS Pension as per the decision of Ministry of Home Affairs, Government of India. Ext.P6 order shows that 3 categories are entitled to SSS pension, namely, “dismissed or discharged as SNLR” in 1972 and Ex-RIN personnel discharged as 'unsuitable' and that the cases of other categories have been rejected. It is stated therein that it is not feasible to grant him freedom fighter's pension. Petitioner produced Ext.P9 list which shows that Sl. Nos. 34, 41, 43 and 57 are also persons released on the same ground. At the same time they were granted SSS pension. In the light of Ext.P9 list and Ext.P7 communication directing the petitioner's husband that the instructions regarding the grant of pension to the II World War Veterans are still awaited and that the follow up action will be initiated only on receipt of the instructions, the application submitted by the -4- W.P.(C).No.29039/2005 petitioner's husband shall be decided on merits. An application was submitted in the prescribed form for grant of SSS pension. 3. It is seen that the question as to whether certain other categories of personnel can be included for the purpose of grant of SSS pension is pending consideration since 1991 and that no decision was taken in this regard till date. The Central Government shall take a decision on the question as to whether or not all other categories can be included, within a period of three months. 4. In the result, there will be a direction to the lst respondent to consider the application submitted by the petitioner's husband and dispose of the same on merits within a period of four months from today. It is needless to say that the petitioner is entitled to SSS pension from the date of receipt of the application, if found eligible. The lst respondent, before passing orders on the application, shall take decision as to whether categories of persons, under which petitioner claims, are entitled to SSS pension or not. Petitioner shall produce another -5- W.P.(C).No.29039/2005 application in the prescribed form before the Central Government within three weeks from the date of receipt of a copy of this judgment. Writ Petition is disposed of as above. Sd/- HARUN-UL-RASHID, Judge. kcv.