IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 14TH JANUARY 2010 / 24TH POUSHA 1931 WP(C).No. 8295 of 2009(F) ------------------------------------- PETITIONER(S): ---------------------- EDAVAN NARAYANAN NAMBIAR, NEDUNGOME, P.O.NEDUNGOME (VIA), SREEKANDAPURAM, KANNUR DISTRICT. BY ADV. MR.O.D.SIVADAS RESPONDENT(S): ------------------------ 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, NEW DELHI. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, GENERAL ADMINISTRATION (FFP.B) DEPARTMENT, THIRUVANANTHAPURAM. R1 & R2 BY ADV. MR.T.P.M. IBRAHIM KHAN, ASST.SG. R3 BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 8295/2009-F APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE EXTRACT OF THE CONVICTION REGISTER MAINTAINED BY THE SUPERINTENDENT, CNETRAL JAIL, KANNUR. EXT.P2: COPY OF THE EXTRACT OF THE CONVICTION REGISTER MAINTAINED BY THE SUPERINTENDENT, CENTRAL JAIL, KANNUR. EXT.P3: COPY OF THE ORDER NO.16361/81/07 DATED 04/08/1984 PASSED BY THE STATE GOVERNMENT. EXT.P4: COPY OF THE PROCEEDING NO.6/1/97-FF(P) DATED 20/01/1998 ISSUED BY THE GOVERNMENT OF INDIA. EXT.P5: COPY OF THE APPLICATION FORM DATED 20/04/1998. EXT.P6: COPY OF THE COMMUNICATION NO.44412/FFP.A2/99/GAD DATED 02/08/1999. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 8295 of 2009-F - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of January, 2010. JUDGMENT The petitioner is a freedom fighter who participated in the Kavumbhai struggle. It is averred that he was arrested on 18.1.1947 and was remanded to jail. A crime as Crime No.117/1946 of Taliparamba Police Station was registered against him. He was in jail as an under trial prisoner and was later convicted by the Sub Magistrate, Taliparamba. The appeal was also dismissed by the Sessions Judge, North Malabar. In fact, he was charged with offences under Sections 147, 148, 332 and 307 read with 149 I.P.C. 2. It is averred in the writ petition that he was convicted and sentenced to rigorous imprisonment for one year for two offences and was admitted at Central Jail, Kannur on 29.10.1947 and later transferred to Central Jail, Vellore on 7.11.1947. After undergoing the punishment, he was released from jail in the year 1950. Exts.P1 and P2 are the copies of the register of under trial prisoners and also the conviction register maintained in the Superintendent, Central Jail, Kannur which are relied upon by the petitioner. wpc 8295/2009 2 3. The State Government sanctioned Freedom Fighters' pension to the petitioner as per Ext.P3 for participating in the struggle. Thereafter, he filed an application before the Central Government for sanction of pension under the Swathanthratha Sainik Samman Pension Scheme. As per Ext.P4 order, the Central Government recognized the Kavumbhai struggle as part of the freedom struggle. Thereafter, the petitioner filed Ext.P5 application for grant of SSS pension. Ext.P6 is the recommendation made by the State Government in the matter. 4. It is the case of the petitioner that he has complied with all the formalities for getting pension and the suffering undergone by him is sufficient to grant pension also. Aggrieved by the delay in the matter, the petitioner has filed this writ petition. 5. The respondents were served notice. 6. Since the application for grant of pension filed by the petitioner has not been finally decided, it is only appropriate that a direction is issued to respondents 1 and 2 to take a decision on the same. Therefore, there will be a direction to respondents 1 and 2 to take a decision on Ext.P5 in the light of the documents produced by the petitioner as per Exts.P1 and P2 and the recommendation made by the State Government as per Ext.P6, within a period of four months from the date of receipt of a copy of this judgment. wpc 8295/2009 3 The entire aspects will be considered and the final order will be communicated to the petitioner accordingly. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/