IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 WP(C).No. 4357 of 2010(T) --------------------------------------- PETITIONER(S): ------------------------- THENGIL KALLIANI AMMA, W/O.RAYAROTH NARAYANAN NAMBIAR, AGED 75 YEARS, CHEETHAPPARA, (POST) CHANDANACKAMPARA, KANNUR DISTRICT. BY ADVS. SRI.V.C.JAMES, SRI.CYRIAC IYPE. RESPONDENT(S): ---------------------------- 1. THE UNION OF INDIA, REP. BY ITS UNDER SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, (FFP DIVISION) LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI. 2. THE STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, KANNUR. R1 BY ADV.SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA R2 & R3 BY GOVERNMENT PLEADER SRI. M.A. ASIF THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.4357/2010 T APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF UNDER TRAIL REGISTER CONCERNING UT NO.546 ISSUED BY THE SUPDT, CENTRAL PRISION, KANNUR. P2: COPY OF CONVICT REGISTER CONCERNING CONVICT NO.6009 ISSUED BY THE SUPDT. CENTRAL PRISON, KANNUR. P3: COPY OF THE JAIL SUFFERING CERTIFICATE ISSUED BY THE SUPDT. OF CENTRAL PRISON, VELLORE. P4: COPY OF ORDER NO.R.DIS. 53538/73 DTD. 20/11/1973. P5: COPY OF THE COMMUNICATION DTD. 7/08/1975. P6: COPY OF COMMUNICATION NO.119/1/GENERAL/98/FFS2 DTD.22/07/98. P7: COPY OF AFFIDAVIT ATTESTED BY THE JFCM, TALIPARAMBA ON 20/10/1998 SUBMITTED TO THE DISTRICT COLLECTOR. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 4357 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of May, 2010 J U D G M E N T The petitioner is the widow of late Rayaroth Narayanan Nambiar, who according to the petitioner was a freedom fighter, he having participated in the Kavumbai struggle, which according to the petitioner has been recognized by the Central Government as a freedom struggle for the purpose of Swatantrata Sainik Samman Pension (S.S.S.P.), as per order dated 20.01.1998. Petitioner's grievance is that the application filed for pension under the S.S.S.P. Scheme is not being considered by the respondents. 2. I have heard the learned Government Pleader as well as the Assistant Solicitor General. The learned Assistant Solicitor General seeks 3 weeks time to get instructions in the matter. Since, I do not intend to decide the matter on merits and is inclined only to direct the 2nd respondent to consider the matter and forward their W.P.(C)No. 4357 of 2010 -2- recommendations to the 1st respondent in accordance with S.S.S.P. Scheme, I do not think that, this matter should wait further for enabling the Assistant Solicitor General to get instructions. Accordingly this writ petition is disposed of with the following directions: The respondents 2 & 3 shall consider the application for pension under the S.S.S.P. Scheme, filed by the petitioner, and forward their recommendation to the 1st respondent, as expeditiously as possible at any rate within two months from the date of receipt of a copy of this judgment. The 1st respondent shall within a further period of two months therefrom, pass orders on the application for pension filed by the petitioner under the S.S.S.P. Scheme. S. SIRI JAGAN JUDGE shg/