IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).No. 4385 of 2010(W) -------------------------------- PETITIONER: --------------- T.K.MEENAKSHI AMMA, AGED 72 YEARS, W/O.PAPPINISSERY PADINJARE VEETTIL, RAGHAVAN NAMBIAR, KAVUMBAI, P.O.KOOTTUMUGHAM, SREEKANDAPURAM VIA, KANNUR DISTRICT. BY ADVS. MR.V.C.JAMES MR.CYRIAC IYPE RESPONDENTS: --------------- 1. THE UNION OF INDIA REPRESENTED BY ITS UNDER SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, (FFP DIVISION), LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI. 2. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (FFP A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, KANNUR. MR. M.A. ASIF GOVERNMENT PLEADER FOR R2 & 3 SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4385 of 2010 PETITIONER'S EXHIBITS EXT.P1: COPY OF CERTIFICATE ISSUED BY FREEDOM FIGHTER KPR RAYARAPPAN ON 18.4.1998. EXT.P2: COPY OF CERTIFICATE ISSUED ON 5.4.1988. EXT.P3: COPY OF ORDER NO.M5 57479/88 DTD 28.5.1990 OF DISTRICT COLLECTOR. EXT.P4: COPY OF PENSION PAYMENT ORDER ISSUED BY BY THE ACCOUNTANT GENERAL, KERALA. EXT.P5: COPY OF APPLICATION DTD 24.4.1998 AND THE AFFIDAVIT SIGNED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE TALIPARAMBA ON 29.10.1998. EXT.P6: COPY OF COMMUNICATIN NO.REF.NO.M554700/00 DTD 15.4.02 OF THE DISTRICT COLLECTOR, KANNUR. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------ W.P.(C) No.4385 OF 2010 ------------------------------- Dated this the 27th day of MAY, 2010 J U D G M E N T The petitioner is challenging Ext.P6 order of the Deputy Collector (RR) on behalf of the Collector, whereby an application filed by the deceased husband of the petitioner for pension under the Swathanthratha Sainik Samman Pension Scheme has been rejected on the ground that the petitioner has not produced documents in support of his claim for pension. But the petitioner has produced Exts.P1 and P2 certificates. No mention of the same is therein Ext.P6. The claim has to be considered by a committee headed by the District Collector. There is absolutely no indication in Ext.P6 that such a committee has considered the application of the petitioner’s husband. Further, there is no indication therein as to why the documents already submitted by the petitioner are not accepted. 2. In the above circumstances, I am of opinion that Ext.P6 is liable to be quashed. I do so. The third respondent is W.P.(c)No.4385/10 2 directed to reconsider the matter, after affording an opportunity of being heard to the petitioner as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. While doing so, the District Collector shall afford an opportunity to the petitioner to produce any further document, if she can. If any of the documents are documents available in Government offices, the third respondent shall take earnest efforts to get it from the concerned offices, instead of relegating the petitioner to go around such offices for the same. After considering the same, the petitioner shall be communicated a copy of the recommendation put forward to the Government of Kerala and the same shall be forwarded to the Government of India also within a period of one month there from. The writ petition is disposed of as above. S. SIRI JAGAN, JUDGE acd W.P.(c)No.4385/10 3 W.P.(c)No.4385/10 4