IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WP(C).No. 25279 of 2009(D) ----------------------------------------- PETITIONER(S): ------------------------ A.THANKAPPAN,AGED 82,MOOLACHIRAYIL, PATTANAKKAD P.O., CHERTHALA. BY ADV. MR.J.OM PRAKASH RESPONDENT(S): --------------------------- 1. THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. R1 BY MR.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR GENERAL R2 BY GOVERNMENT PLEADER MR. P.N.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.25279 of 2009-D ------------------------------ Dated this the 23rd day of September, 2009. J U D G M E N T Heard Sri.J.Omprakash, the learned counsel appearing for the petitioner, Sri.T.P.M.Ibrahim Khan, the learned Assistant Solicitor General of India appearing for the Union of India and Sri.P.N.Santhosh, the learned Government Pleader appearing for the State of Kerala. 2. The petitioner, who claims he is a freedom fighter has submitted Ext.P1 application seeking payment of Central Freedom Fighters Pension. The relief sought in this writ petition is for a direction to the State of Kerala to forward the original of his application to the Central Government along with the views of the State Government and for a further direction to the Union of India to dispose of his application expeditiously thereafter. 3. The petitioner is aged 82 years. He claims that as a freedom fighter, he is entitled to the payment of Central Freedom Fighters Pension. The question whether he is entitled for the grant of pension is primarily a matter for the Government of India to decide. Ext.P1 application is dated 10.7.1998. More than ten years have passed thereafter. In such circumstances, I am of the opinion that the respondents should take a final decision on the petitioner's application, if W.P(C) No.25279 of 2009-D 2 the same has not so far been done. I accordingly dispose of this writ petition with the following directions: The second respondent shall if till date, the original of Ext.P1 application has not been forwarded to the Central Government, forward it to the Central Government along with the views of the State Government expeditiously and in any event, within one month from the date on which the petitioner produces a certified copy of the judgment before the Secretary to Government, General Administration Department. The first respondent shall thereafter consider the petitioner's request in Ext.P1 if the same has not been done so far and take a decision thereon, within three months from the date on which the original of Ext.P1 is received from the second respondent. The first respondent shall, after orders are passed as directed above or if orders have already been passed, communicate a copy thereof to the petitioner expeditiously. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge W.P(C) No.25279 of 2009-D 3 ab