IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 WP(C).No. 15864 of 2009(C) -------------------------------------- PETITIONER(S): ---------------------- P.K. BALAKRISHNA PILLAI, AGED 84, S/O.PARAMESWARAN PILLAI, KOTHERIL HOUSE, VAVVAKKAVU, KARRUNAGAPPALLI, KOLLAM DISTRICT, KERALA. BY ADV. MR.S.SUNIL NARAYANAN SMT.S.HARIPRIYA RESPONDENT(S): ------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GOVERNMENT ADMINISTRATION DEPARTMENT, GOVT. SECRETARIATE, THIRUVANANTHAPURAM, KERALA. 3. THE DISTRICT COLLECTOR, KOLLAM DISTRICT, KERALA. R2 & R3 BY GOVERNMENT PLEADER MR.P.N. SANTHOSH R1 BY ADV. MR.T.SANJAY, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ V.GIRI,J. ------------------------- W.P ( C) No.15864 of 2009 -------------------------- Dated this the 9th June,2009 J U D G M E N T Heard learned counsel for the petitioner, learned Government Pleader and learned counsel representing the Asst. Solicitor General. 2. Petitioner is a recipient of the Kerala Freedom Fighters Pension Scheme from December, 2000. He seeks pension under the Swathantratha Sainik Samman Pension Scheme also. Para meters determining the eligibility for pension are slightly different. The same contemplates eligibility of an applicant to be first verified by the District Collector and then to be forwarded to the State Government. State Government is to then make recommendations in this regard to the Central Government. Exhibit-P5 will show that the petitioner's application was enquired into and the claim was recommended as genuine by the District Collector. If that be so, final recommendation will have to be made by the W.P ( C) No.15864 of 2009 2 State Government to the central Government, without further delay. Accordingly the writ petition is disposed of directing the second respondent to forward its final recommendation as regards the petitioner's eligibility for pension under the Swathantratha Sainik Samman Pension Scheme, taking into account Exhibit-P5, within two months from the date of receipt of a copy of this judgment. Thereupon, the 1st respondent shall proceed to pass final orders on the petitioner’s application for pension under the Central Scheme within three months from the date of receipt of the recommendation from the State Government. (V.GIRI,JUDGE) ma W.P ( C) No.15864 of 2009 3 W.P ( C) No.15864 of 2009 4