IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 15TH JANUARY 2009 / 25TH POUSHA 1930 WP(C).No. 34242 of 2005(B) ----------------------------------------- PETITIONER(S): ------------------------- MANNIYAN VEETTIL PARVATHY, W/O.LATE THOTTAN VEETTIL KRISHNAN, THEKKEMANAKKADU, KARIVELLUR P.O. KANNUR DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.M.B.PRAJITH RESPONDENT(S): --------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS DIVISION, NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, KANNUR. ADV. SRI.K.M.JAMALUDHEEN, ADDL.CGC FOR R1 GOVERNMENT PLEADER SRI. SHYSON P.MANGUZHA FOR R2&R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.34242/2005 B APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PERSONAL KNOWLEDGE CERTIFICATE OF A PROMINENT FREEDOM FIGHTER SRI.M.P.NARAYANAN NAMBIAR, WHO IS THE HOLDER OF THAMARAPATHRA DTD. 12/10/72. EXT.P2: COPY OF THE PERSONAL KNOWLEDGE CERTIFICATE ISSUED BY SRI.K.P.R.RAYARAPPAN WHO IS ALSO HOLDER OF THAMARAPATHRAM, WHO SUFFERED IMPRISONMENT FOR 3 YEARS DTD. 16/10/1998. EXT.P3: COPY OF THE APPLICATION DTD. NIL. EXT.P4: COPY OF THE ORDER GRANTING PENSION TO THE LATE HUSBAND OF THE PETITIONER DTD. 3/07/2003. EXT.P5: COPY OF THE LETTER DTD. 28/09/1998 FROM THE FIRST RESPONDENT. EXT.P6: COPY OF THE DEATH CERTIFICATE OF THE HUSBAND OF THE PETITIONER DTD. 11/2/04. EXT.P7: COPY OF THE SWATANTRATHA SAINIK SAMMAN PENSION SCHEME DTD. 15/08/1981. EXT.P8: COPY OF THE ORDER OF 3RD RESPONDENT DTD. 7/12/04. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss HARUN-UL-RASHID, J. -------------------------------- W.P.(C) NO. 34242 OF 2005 (B) ---------------------------------- Dated this the 15th day of January, 2009 J U D G M E N T Heard both sides. 2. The petitioner is the wife of Late Thottan Veettil Krishnan alleged to be a prominent freedom fighter participated in Karivellur struggle. It is averred that he had gone underground for a period of more than six months in connection with the freedom fight struggle and that he is eligible to get Swathanthra Samara Sainik Pension (SSS pension) under the Government of India's scheme. The husband of the petitioner expired on 10-2-2004. He was applicant for pension and the application was submitted in the year 1998. Exhibit P8 is the order passed by the State Government according sanction for granting state pension to the petitioner. The inordinate delay in disbursing the pension under S.S.S. scheme is causing irreparable hardships to her. The petitioner submitted further that the delay in W.P.(C) No.34242/2005 - 2 - disbursing the pension compelled her to approach this Court for the relief of the writ of Mandamus directing the first respondent to sanction and disburse freedom fighters pension under the S.S.S. pension scheme within the time limit fixed by this Court and also to command the first respondent to consider and pass orders on Exhibit P3 within the same period. 3. The learned counsel for the Central Government invites my attention to Exhibit P5 order dated 28-5-1998 wherein it is communicated to the petitioner that certain formalities and procedures to be followed before granting pension, that the State Government is required to scrutinize the application and sent a verification and entitlement to pension report along with their specific recommendation. It is also stated therein that Ministry concerned has to take a final decision on the basis of report of the State Government and that the Ministry is awaiting the report from the State Government. W.P.(C) No.34242/2005 - 3 - 4. In this circumstances, there will be a direction to the second respondent State of Kerala to scrutinize and verify the application of the petitioner, if it is not till date made, and forward the verification and pension report along with their specific recommendation to the first respondent within the period of two months from the date of receipt of a copy of this judgment. On receipt of copy of this judgment as above, the first respondent shall pass appropriate orders on the application within a period of three months from the said date. Since the application is of the year 1998, if the Government wanted any assistance from the petitioner, the Government can direct the petitioner to do so and if necessary shall afford an opportunity to the petitioner to substantiate her contentions. The writ petition is disposed of as above. HARUN-UL-RASHID, JUDGE skr