IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON MONDAY, THE 14TH FEBRUARY 2011 / 25TH MAGHA 1932 WP(C).No. 5233 of 2010(D) -------------------------------------- PETITIONER(S): ----------------------- SMT.KALYANI AMMA, W/O. EDAKKALAVAN OTHENAN NAMBIAR, ELLERINHI, KOOTTUMUGHAM 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. 2. THE UNDER SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTER'S DIVISION, LOK NAYAK BHAVAN, KHAN MARKET,NEW DELHI. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, GENERAL ADMINISTRATION (FFP.B) DEPARTMENT, THIRUVANANTHAPURAM. R1 & R2 BY ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI R3 BY GOVERNMENT PLEADER SRI.P.K. ARAV THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.5233/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE UNDER TRIAL REGISTER MAINTAINED BY THE SUPERINTENDENT, CENTRAL JAIL, KANNUR. P2 COPY OF THE CONVICTION REGISTER MAINTAINED BY THE SUPERINTENDENT, CENTRAL JAIL, SALEM. P3 COPY OF THE PROCEEDINGS DATED 13/04/1983. P4 COPY OF THE PROCEEDING NO.6/1/97-FF (P) DATED 20/01/1998 ISSUED BY THE GOVERNMENT OF INDIA . P5 COPY OF THE PROCEEDINGS DATED 17/09/1998. RESPONDENT'S EXHIBITS: R1 COPY OF THE SALIENT FEATURES OF THE SCHEME. /TRUE COPY/ P.A.TO.JUDGE sts P.R.RAMACHANDRA MENON, J. ``````````````````````````````````````````````````````` W.P.(C) No. 5233 of 2010 D ``````````````````````````````````````````````````````` Dated this the 14th day of February, 2011 J U D G M E N T The petitioner approached this Court seeking for the issuance of a writ of mandamus directing the third respondent to forward the verification and entitlement of pension report along with the recommendation to the Central Government without any delay for granting Swatantrata Sainik Samman Pension. 2. When the matter came up for consideration before this Court on an earlier occasion on 22-07-2010, the following interim order was passed:- “ The learned Assistant Solicitor General submits that the State Government has not forwarded their recommendation, without which, the petitioner's application for SSS Pension cannot be processed by the first respondent. The learned Government Pleader shall see that a recommendation in respect of the petitioner's claim for SSS W.P.(C) No.5233/2010 : 2 : Pension is forwarded to the first respondent- Union of India and a copy of the same filed before this court in this writ petition, within a period of one month.” 3. The learned Government Pleader appearing for the third respondent submits that, pursuant to the interim order, the mater was considered and the necessary recommendation was forwarded to the first respondent vide letter dated 20-11-2010. 4. The learned counsel for the petitioner submits that the claim for SSS Pension preferred by the petitioner has not been considered by the first respondent for the sole reason that it was not duly recommended by the State Government as prescribed and now since the recommendation is stated as forwarded by the State Government, it is for the first respondent to consider the same and grant the benefits accordingly. 5. Heard the learned counsel for the Central Government as well. W.P.(C) No.5233/2010 : 3 : 6. In the above circumstances, the first respondent is directed to consider the claim of the petitioner for SSS Pension, in the light of the relevant records and pass final orders thereon in accordance with law, as expeditiously as possible and at any rate, within three months from the date of production of a copy of this judgment. Writ petition is disposed of. Sd/- (P.R.RAMACHANDRA MENON, JUDGE) aks // True Copy // P.A. To Judge