IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 13TH JANUARY 2010 / 23TH POUSHA 1931 WP(C).No. 28033 of 2009(Y) -------------------------------------- PETITIONER(S): ---------------------- KUM.T. MEENAKSHI, D/O.LATE CHOYANKANDAN RAMAN NAMBIAR, THELAKKADAN HOUSE, ERUVESSY P.O., CHEMPERI (VIA), THALIPARAMBA TALUK, KANNUR. BY ADV. MR.O.D.SIVADAS RESPONDENT(S): ------------------------ 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, NEW DELHI. 3. THE PRINCIPAL SECRETARY TO GOVERMENT OF KERALA, GENERAL ADMINISTRATION (FFP.B) DEPARTMENT, THIRUVANANTHAPURAM. R1 & R2 BY ADV. MR.T.P.M.IBRAHIM KHAN,ASST.SG. R3 BY GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 28033/2009-Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE EXTRACT OF THE UT REGISTER MAINTAINED BY THE SUPERINTENDENT, CNETRAL JAIL, KANNUR. EXT.P2: COPY OF THE APPLICATION DATED 07/04/1998. EXT.P3: COPY OF THE PROCEEDING NO.6/1/97-FF(P) DATED 20/01/1998 ISSUED BY THE GOVERNMENT OF INDIA. EXT.P4: COPY OF THE COMMUNICATION NO.41977/FFP.A2/99/GAD DATED 09/07/1999. EXT.P5: COPY OF THE PROCEEDING DATED 20/11/2008 ISSUED TO THE PETITIONER. EXT.P6: COPY OF THE SCHEME PUBLISHED BY THE CENTRAL GOVERNMENT DATED 15/08/1981 RELATING TO THE GRANT OF SSS PENSION. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 28033 of 2009-Y - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 13th day of January, 2010. JUDGMENT This writ petition is filed by the unmarried daughter of late Shri Choyankadan Raman Nambiar who was a freedom fighter. It is stated that she is remaining without any employment. The grievance raised in the writ petition is that the respondents, in spite of various applications submitted by the petitioner, have not sanctioned the pension under the Swathanthratha Sainik Samman Pension Scheme, along with arrears. 2. Late Shri Choyankadan Raman Nambiar was an active participant in the freedom struggle and was arrested in connection with Kavumbhai struggle and had undergone imprisonment. It is stated that he was arrested on 31.1.1947 in Crime No.117/1946 of Thaliparamba Police Station and remanded to jail. The offences levelled against the petitioner's father were under Sections 147, 148, 332 read with 307 IPC. It is further stated that the criminal case was committed to the Sessions Judge, North Malabar and it was tried as S.C. 21/1947. The petitioner's late father was in jail as an under trial prisoner from 31.1.1947 and no bail was granted and finally he was convicted by the Sessions Court and was transferred to Central Jail, wpc 28033/2009 2 Vellore. He was the 89th accused in the crime. Ext.P1, true extract of the register of under trial prisoners maintained by the Superintendent, Central Jail, Kannur is relied upon in support of the above. 3. It is pointed out that Kavumbhai struggle has been recognised by the Central Government as part of the freedom struggle as per Ext.P2 order dated 20.1.1998. Ext.P3 is the copy of the application submitted by the petitioner's late father for pension. The matter was enquired through the District Collector, Kannur and District Advisory Committee recommended the case of the petitioner's father for SSS pension and the Government forwarded their recommendation as per Ext.P4. 4. The petitioner's father died on 10.11.2007 and under the Scheme for pension, an unmarried daughter is entitled for the benefits. Ext.P5 is the copy of the proceedings to prove that the petitioner is receiving State pension which was originally granted to her late father. 5. It is submitted by the learned counsel for the petitioner that the Central Government has not so far communicated any decision in the matter in spite of the State Government recommending the same and the application is accompanied by valid documents. 6. A reading of Ext.P4 verification-cum-entitlement report by the State Government shows that after relying upon the extract of the under wpc 28033/2009 3 trial register, the application has been recommended. 7. In that view of the matter, there will be a direction to the respondents to take a decision on the application submitted by the petitioner for SSS pension within a period of five months from the date of receipt of a copy of this judgment. Since this is an old claim, more attention should be given by respondents 1 and 2 to consider the matter and pass orders within the above time frame. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/