IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WP(C).No. 28142 of 2009(K) -------------------------- PETITIONER: --------------- SMT. K. JANAKI, W/O. LATE KALLIYADAN, RAMAN NAMBIAR, KALLIYADEN THAYILE VEEDU, ERUVESSI P.O., CHEMPERI (VIA), THALIPARAMBA TALUK, KANNUR DIST. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: --------------- 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. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 & R2 GOVERNMENT PLEADER SHRI K.RAMESH FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.28142/09 PETITIONER'S EXTS: EXT.P1: TRUE EXTRACT OF THE UNDER TRIAL REGISTER ISSUED BY THE SUPERINTENDENT, CENTRAL PRISON, KANNUR. EXT.P2: TRUE COPY OF THE PROCEEDING NO.6/1/97-FF(P) DATED 20.1.98 ISSUED BY THE GOVERNMENT OF INDIA. EXT.P3: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S HUSBAND DATED 15.4.98. TRUE COPY T.R.RAMACHANDRAN NAIR, J. ---------------------------------------------- W.P.(C)No.28142 OF 2009 ----------------------------------------------------- DATED THIS THE 5th DAY OF APRIL, 2010 J U D G M E N T The petitioner has approached this Court seeking for a direction for grant of freedom fighter's pension under the Swatantrata Sainik Samman Pension Scheme. The main prayer in the Writ Petition is for a direction to the 3rd respondent to recommend the case of the petitioner for sanction of the said pension. 2. The petitioner's late husband Shri Kalliyadan Raman Nambiar was a freedom fighter, who participated in the Kavumbai Struggle and was arrested in connection with Kavumbai Struggle. He had undergone imprisonment also. He was arrested on 31.1.1947 and various offences were registered against him. The main criminal case was tried as S.C.No.21/1947 of the Sessions Judge, North Malabar. Initially, he was in jail as an under trial prisoner from 31.1.1947 to 29.10.1947. The learned Sessions Judge convicted the petitioner's husband who was the 97th accused in the case. Exhibit P1 is the copy of the true extract of W.P.(C)No.28142/09 -2- the register of under trial prisoners, maintained by the Superintendent, Central Jail, Kannur. 3. The 3rd respondent has filed a counter affidavit. It is admitted that Kerala Freedom Fighters' pension was sanctioned to the late husband of the petitioner on the recommendation of the District Advisory Committee. As per the jail certificate produced, the period of admission is 31.1.1947 and the date of conviction was on 29.4.1997. It is further stated in paragraph 3 of the counter affidavit that the copy of the application submitted to the Central Government has not been received by the State Government for obtaining the verification cum entitlement report from the District Collector, Kannur and no such application is pending with the Government. 4. Therefore, the learned counsel for the petitioner submitted that the petitioner will file an application along with all the required documents and the same may be directed to be considered by the State Government and appropriate verification report may be forwarded to the Central Government after due enquiry in the matter. W.P.(C)No.28142/09 -3- 5. If the petitioner submits an application along with the required documents and a copy of this judgment, the same will be considered and the 3rd respondent will call for a report from the District Collector and thereafter forward the verification cum entitlement report showing the appropriate recommendation. Appropriate action will be finalised within a period of three months from the date of receipt of the application. On receipt of the same, the Central Government will pass appropriate orders within a period of four months. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE dsn