IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 WA.No. 148 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.37460/2007 .................... APPELLANT(S): RESPONDENTS 1 & 2 IN WPC -------------------------------------- 1. UNION OF INDIA REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE UNDER SECRETARY TO GOVERNMENT, UNION OF INDIA, FREEDOM FIGHTERS DIVISION, MINISTRY OF HOME AFFAIRS, NEW DELHI. BY ADV. SRI.S.KRISHNAMOORTHY, CGC RESPONDENT(S): --------------- 1. GOA FREEDOM FIGHTERS ASSOCIATION, KERALA STATE COMMITTEE, RAJAJI ROAD, PANTHALYANI P.O., QUILANDY, KOZHIKODE, REP. BY ITS SECRETARY, K.M.KUTTIKRISHNAN. 2. ALL INDIA FREEDOM FIGHTERS ASSOCIATION, WAYANAD DISTRICT COMMITTEE, THRISSILERY P.O., KARTIKULAM, WAYANAD, REP. BY ITS SECRETARY, K.KRISHNANKUTTY. 3. THYKEL KUNHIRAMAN, THYKEL HOUSE, MORAZHA P.O., KANEN, KANNUR. 4. THE STATE OF KERALA REP. BY THE SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, (F.F.P.B), SECRETARIAT, TRIVANDRUM. R1 TO R3 BY ADV. SRI.P.C. SASIDHARAN R4 BY G.P. SRI. K.C. SANTHOSH KUMAR. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10/03/2011, ALONG WITH WA NO. 160 OF 2011 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C .N. RAMACHANDRAN NAIR, & BHABANI PRASAD RAY, JJ. -------------------------------------------- W.A. Nos. 148 & 160 of 2011 -------------------------------------------- Dated this the 10th day of March, 2011 JUDGMENT Ramachandran Nair, J. Heard standing counsel for the appellants and counsel appearing for the respondents who were writ petitioners before the learned single Judge. The question raised is eligibility for Swatantra Sainik Samman Pension to the Freedom Fighters who participated in the Goa Liberation Movement Phase-II. The appellants' case is that writ petitioners are associations and are not individual claimants and participants from Kerala are not in the list for consideration. However, the learned single Judge noticed that the issue , whether participants of Goa Liberation Movement from Kerala are eligible or not,is considered and decided by this Court in their favour by declaring that there cannot be any discrimination among participants who are eligible for pension based on the State to which they belong. Counsel appearing for the respondents pointed out that members of the respondents-associations who are granted pension by the State Government for participation in 2 the Freedom Movement only need to be considered and their case stand recommended by the State Government. On going through the judgement, we notice that the learned single Judge after prima facie finding eligibility of the participants directed the appellants to grant pension to those individuals whose cases are certified by the State Government. We do not find any ground to interfere with the judgment of the learned single Judge and the Writ Appeal is therefore dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (BHABANI PRASAD RAY) Judge. kk 3