IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE B.P.RAY FRIDAY, THE 23RD DAY OF DECEMBER 2011/2ND POUSHA 1933 WPC.No. 33770 of 2003 (T) PETITIONER: KITTAN NARAYANAN, KOTTAPPALICKAL, PUNNAPRA P.O., ALAPPUZHA DT. BY ADV.SRI.K.K.SATHEESH RESPONDENTS: 1. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS' DIVISION, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI 110 003. 2. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ALAPPUZHA. BY ADV. SRI. FRANCIS JOSEPH KURISINKAL, ADDL.CGSC SRI.S.KRISHNAMOORTHY, CGSC SRI.P.S.SREEDHARAN PILLAI, SCGSC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 33770/2003 : 2 : APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE SALIENT FEATURES OF THE SSS PENSION SCHEME, 1980. EXT.P2 : TRUE COPY OF THE PROCEEDINGS NO.R.DIS.7337/72 DATED 28.12.1972 OF THE 3RD RESPONDENT. EXT.P3 : TRUE COPY OF THE INVITATION LETTER NO.F6- 2733/73 DT. 08.08.1975 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER TO RECEIVE TAMRAPATRA. EXT.P4 : TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR THE GRANT OF SSS PENSION DATED 03.04.1998. EXT.P5 : TRUE COPY OF THE MEDICAL CERTIFICATE FROM THE ASST. SURGEON IN SUPPORT OF PETITIONER'S PERMANENT INCAPACITATION DUE TO THE BULLET INJURY. EXT.P6 TRUE COPY OF THE PKC ISSUED BY SRI. P.K. SUKUMARAN DT. 02.04.1998. EXT.P7 : TRUE COPY OF THE COMMUNICATION NO.H3-156/98-SR DATED 10.10.2000 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P8 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 17.09.2003 TO THE 3RD RESPONDENT. EXT.P9 : TRUE COPY OF THE NARC ISSUED BY THE CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA IN CASE NO.P.E.7/1122 ME. EXT.P10 : TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER DULY ATTESTED BY THE JUDICIAL MAGISTRATE OF 1ST CLASS-II, ALAPPUZHA. EXT.P11 : TRUE COPY OF THE PKC ISSUED BY SHRI. H.K.CHAKRAPANI DATED 01.09.2003. EXT.P12 : TRUE COPY OF THE ORDER NO.119/PVS/104/99-FF (SZ) DT.18.06.2003 ISSUED BY THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R2(a) : TRUE COPY OF THE NOTE MADE BY THE ADDITIONAL SECRETARY DATED 06.11.2009. EXT.R2(b) : TRUE COPY OF THE VERIFICATION REPORT DATED 21.11.2009. //TRUE COPY// P.A. TO JUDGE rv B.P. RAY, J. - - - - - - - - - - - - - - - - - W.P.(C) No.33770 of 2003 - - - - - - - - - - - - - - - - Dated this the 23rd day of December, 2011. JUDGMENT The petitioner was a freedom fighter who had participated in the Punnapra-Vayalar struggle during the freedom struggle. He is getting pension from the State of Kerala and has applied to the Central Government for grant of Swatantrata Sainik Samman Pension (Central Freedom Fighters Pension) since 1998. He is also honoured with the grant of 'Thamrapathra'. Being aggrieved by the inaction on the part of respondents 2 and 3 in taking decision with regard to the recommendation of the petitioner's case for the grant of SSS Pension, this writ petition has been filed. 2. Heard the learned counsel for the petitioner and the learned Assistant Solicitor General. The learned counsel for the petitioner placed reliance upon the decision reported in 2011(3) KHC 692(DB) - Sankunny K.N v. Union of India and another. 3. It has been repeatedly held by the Supreme Court that when freedom fighters are applying for pension, it is for the State Government to verify the same. Neither it is disputed at W.P.(C) No.33770/2003 -:2:- the Bar nor there is any iota of doubt to show that the petitioner was a freedom fighter. 4. Following the aforesaid decision, I direct that the State Government shall consider the representation submitted by the petitioner within four weeks from the date of receipt of a copy of this judgment and recommend his case to the Central Government who shall grant pension to the petitioner within three months thereafter. This writ petition is disposed of as above. sd/- B.P. RAY, JUDGE. rv W.P.(C) No.33770/2003 -:3:- B.P. RAY, J. ----------------------------------------------------------- O.P.No. 13887 of 2002 ------------------------------------------------------------- Dated this the 16th day of November, 2011. JUDGMENT