IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 25TH NOVEMBER 2009 / 4TH AGRAHAYANA 1931 WP(C).No. 33890 of 2009(E) -------------------------- PETITIONER: --------------- PALERI VEETTIL PANNERI CHEEAYI, NELLIKUTTY.P.O, CHEMPERI(VIA), KANNUR DISTRICT. BY ADV. MR. M.A.FIROZ MR. V.C.JAMES RESPONDENTS: --------------- 1. THE UNION OF INDIA REP.BY ITS UNDER SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, (FFP DIVISION)LOK NAYAK 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 MR. T.P.M.IBRAHIM KHAN, ASST. SOLICITOR GENERAL OF INDIA R2 AND R3 BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: kkms/ P.N.RAVINDRAN, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 33890 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 25th day of November 2009. JUDGMENT The petitioner is the wife of a freedom fighter. She submitted an application dated 27.04.1999 seeking payment of Central Freedom Fighters' Pension. The District Collector, Kannur after enquiry, forwarded the application to the Commissioner and Secretary to Government, General Administration (FFP) Department, Thiruvananthapuram along with Ext.P1 letter dated 27.04.1999 recommending grant of pension. The State Government thereupon forwarded the application together with Ext.P3 letter dated 15.09.1999 to the Secretary to Government of India, Ministry of Home Affairs for grant of freedom fighters' pension. By Ext.P4 letter dated 28.11.2000, the Government of India sought certain clarifications from the State Government. The clarifications were furnished. The grievance voiced by the petitioner is that though more than a decade has passed after she applied for Central Freedom Fighters' Pension, till date, orders have not been passed. She submits that as she is receiving State Freedom Fighters' Pension and the State Government have recommended W.P.(C). No. 33890 OF 2009 2 grant of Central Freedom Fighters' Pension to her, the Government of India are bound to sanction payment of Central Freedom Fighters' Pension to her with effect from the date of application. The petitioner who is aged 76 years, seeks a direction to the first respondent to consider her application for Central Freedom Fighters' Pension and to grant pension to her without delay. 2. Exts. P1, P3 and P4 disclose that the petitioner has applied for payment of Central Freedom Fighters' Pension or what is known as 'Swatantrata Sainik Samman Pension'. The application has been pending for the past more than a decade. Exts. P1 and P3 discloses that the State Government have recommended grant of such pension. The petitioner is aged 76 years. Since more than 10 years have passed after the petitioner applied for payment of Swatantrata Sainik Samman Pension and as the petitioner is a senior citizen, I am of the opinion that the first respondent should pass expeditious orders on her application for Swatantrata Sainik Samman Pension. I accordingly dispose of this writ petition with a direction to the first respondent to pass orders on the application submitted W.P.(C). No. 33890 OF 2009 3 by the petitioner for 'Swatantrata Sainik Samman Pension', that was forwarded by the State of Kerala along with Ext.P3 letter dated 15.09.1999, if as on today orders have not been passed thereon, within two months from the date on which the petitioner furnishes a certified copy of the judgment along with a copy of the writ petition to the Secretary to Government of India, Ministry of Home Affairs, Freedom Fighters' Division, New Delhi. The first respondent shall after orders are passed on the petitioner's application, or if orders have already been passed, communicate a copy thereof to the petitioner and the State Government at the earliest. (P.N.RAVINDRAN) JUDGE kkms/