IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 WP(C).No. 33680 of 2010(H) --------------------------------------- PETITIONER(S): ------------------------ SMT.NARAYANI AMMA, W/O.PULUKKOOL CHANDUKUTTY NAIR, PULUKKOOL HOUSE, PAYYAVOOR P.O., KANNUR DISTRICT. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): -------------------------- 1. UNION OF INDIA, REPRESENTED BY THE UNDER SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTER'S DIVISION, LOK NAYAK BHAVAN, NEW DELHI-110 001. 2. THE UNDER SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTER'S DIVISION, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-110 001. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, GENERAL ADMINISTRATION (FFP.B) DEPARTMENT, THIRUVANANTHAPURAM-695 001. R1 & R2 BY ADV. SRI.P.PARAMESWARAN NAIR, ASG. OF INDIA. R3 BY GOVT. PLEADER MR.GEORGE VADAKKEL. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 33680 of 2010(H) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE EXTRACT OF THE UNDER TRIAL REGISTER ISSUED BY THE SUPERINTENDENT, CENTRAL JAIL, KANNUR. EXT.P2: COPY OF THE PROCEEDING NO.6/1/97-FF (P) DATED 20/01/1998 ISSUED BY THE GOVERNMENT OF INDIA. EXT.P3: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 16/04/1998. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE rs ANTONY DOMINIC, J. ---------------------------------------------------- W.P.(C) No. 33680 OF 2010 ----------------------------------------------------- Dated this the 29th day of August , 2011 J U D G M E N T According to the petitioner her husband P.C. Nair, was a freedom fighter participated in the freedom struggle and was arrested in connection with the Kavumbhai struggle and had undergone imprisonment. It is stated that the State Government has recognized 'Kavumbhai struggle' as a freedom struggle. After the demise of the husband, the petitioner made an application for pension under the Swatantrata Sainik Samman Scheme. In spite of it, the pension was not received and that made the petitioner to file this writ petition. 2. The first respondent has filed a counter affidavit, where it is stated that the State Government has not yet sent their recommendations of this case,without which the Central Government cannot take a decision. W.P.(C) No. 33680 OF 2010 :2 : 3. In the absence of the recommendations of the 3rd respondent the prayer sought for in this writ petition as such cannot be granted. In that view of the matter, I direct the 3rd respondent to consider the application of the petitioner, if the application of the petitioner is pending before the 3rd respondent and make necessary recommendation to the 2nd respondent for the sanction of the above said pension to the petitioner. This shall be done at any rate within 3 months of production of a copy of this judgment. The petitioner shall also produce a copy of this writ petition before the concerned authority for compliance. 4. If the recommendations are received as stated above, the Central Government shall pass final orders within three months thereafter. The writ petition is disposed of as above. Sd/- ANTONY DOMINIC, JUDGE ul/- [true copy] P.S. to Judge