IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 23422 of 2009(W) -------------------------- PETITIONER(S): --------------- 1. V.V.LAKSHMI AMMA, KANOTHAPAIL, MUTTIYARA, PO.CHEEMENI VIA, CHERUVATHOOR, KASARAGOD DIST. 2. P.V.AMMALU, PUTHIYAVEEDU, KUYILOOR,PO.PADIYOOR VIA, IRITTY, KANNUR DIST.670 703. 3. P.V.KARTIAYANI, PUTHIYAVEEDU, KUYILOOR,PO.PADIYOOR VIA, IRITTY, KANNUR DIST.670 703 4. P.V.KUNHANANDAN, PUTHIYAVEEDU, KUYILOOR, PADIYOOR VIA, IRITTY, KANNUR DIST.670 703 5. P.V.PADMINI,PUTHIYAVEEDU, KUYILOOR, PADIYOOR VIA, IRITTY, KANNUR DIST.670 703 BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. UNION OF INDIA REP.BY THE SECRETARY TO GOVERNMENT,MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, NEW DELHI. WP(C).No. 23422 of 2009 :: 2 :: 3. THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, GENERAL ADMINISTRATION (FFP.B) DEPARTMENT, THIRUVANANTHAPURAM. ADV. SRI.P.PARAMESWARAN NAIR, ASST.SOLICITOR FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ---------------------------------------- W.P.(C).No.23422 of 2009 ---------------------------------------- Dated this the 17th day of August, 2009. JUDGMENT The petitioners are the children of one P.Krishnan Nair, who is claimed to have been a freedom fighter, are aggrieved by the delay on the part of further processing of the application under the Swathantra Sainik Samman Pension Scheme {hereinafter referred to as the 'Central Scheme'}. 2. Ext.P1 shows that the petitioners' father was a prisoner in the Central Jail prison in connection with C.C.No.48/47 of the Special Ist Class Magistrate, Tellicherry. Ext.P3 shows that the State Government had sanctioned freedom fighters' pension to the petitioners' father and consequent on his death to the petitioners' mother Valiyaveettil Cheriyamma. Now, the petitioners' mother also died on 28.7.2009. The petitioners' claim that they are entitled for pension under the Central Scheme. The W.P.(C).No.23422 of 2009 :: 2 :: petitioners submit that Kavumbayi struggle, in which the petitioners' father had reportedly participated, was not then recognized by the Union Government as part of the National Freedom Movement for the purpose of pension under the Central Scheme. But later as per Ext.P5 and P6, Kavumbayi movement is also recognized as part of the freedom movement. By the time, the petitioners' father had passed away and therefore, the petitioners had again made an application as the children of the freedom fighter for pension under the Central Scheme. 3. The application was forwarded to the State Government as per Ext.P7 as early as 4.8.1999. But nothing has been heard thereafter. This writ petition has been filed praying for the following reliefs: “i) Issue a writ of mandamus or other appropriate writ, order or direction to the 3rd respondent to recommend the case of petitioners for sanction of Swathantra Sainik Samman Pension to W.P.(C).No.23422 of 2009 :: 3 :: the petitioners, pursuant to Ext.P6 proceedings. ii) Issue a writ of mandamus or other appropriate writ, order or direction to the 1st and 2nd respondents to sanction and disburse the Swathantra Sainik Samman Pension and its arrears from the date of application till 28/07/2009 to the petitioners. iii) grant the petitioners such other and further reliefs which this Honourable Court deem just and fit in the circumstances of the case including the cost.” 4. Since Kavumbayi struggle is now recognized as part of the National Freedom and the application filed by the petitioner's father has been sanctioned several years ago, and on the death of the father, their mother has been sanctioned pension by the State Government, the State Government shall conduct appropriate enquiries with regard to the petitioners' claim and forward their recommendations to the Central Government within W.P.(C).No.23422 of 2009 :: 4 :: four months from the date of receipt of a copy of this judgment. 5. Thereupon, the 1st respondent shall take a decision on the petitioners' eligibility in the matter of grant of pension under the Central Scheme, within three months thereafter. Writ petition is disposed of as above. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. to Judge