IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WP(C).No. 26030 of 2003(W) -------------------------- PETITIONER(S): --------------- ANNAMMA DANIEL, W/O. LATE ONNUNNI DANIEL @ KOCHUKUTTY, OTTATHENGIL VEEDU (MEENATHU VEEDU), VADAKKUM MURI MEKKU, KUTHIRAPANTHY P.O., THAZHAVA VILLAGE, KARUNAGAPPALLY, KOLLAM DIST. BY ADV. SRI.B.MOHANLAL SMT.MEREENA JOSEPH RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, HOME AFFAIRS, FREEDOM FIGHTERS DIVISION, LOK NAYAK BHAVAN, NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY THE COMMISSIONER AND SECRETARY TO SPECIAL GOVT. GENERAL ADMINISTRATION, FREEDOM FIGHTERS PENSIONS (FFP) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT ADVISORY COMMITTEE FOR FREEDOM FIGHTERS PENSION, REPRESENTED BY THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. ADV. SRI.N.NEELAKANTAN ELAYATH,ADDL.CGSC FOR R1 GOVERNMENT PLEADER SMT. SMITHA FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE DEATH CERTIFICATE OF THE PETITIONER'S LATE HUSBAND SRI. O. DANIEL ISSUED FROM THE THAZHA GRAMA PANCHAYATH. EXT.P2 TRUE COPY OF THE CO-PRISONERS CERTIFICATE ISSUED BY SRI. P.K. BHASKARAN DATED 2.2.98 EXT.P2(a) TRUE COPY OF THE CO-PRISONER'S CERTIFICATE ISSUED BY SRI. K.P. NARAYANA PILLA DATED 29.11.94 EXT.P2(b) TRUE COPY OF THE CO-PRISONER'S CERTIFICATE ISSUED BY SRI. K. GOPINATHAN DATED 3.2.98 EXT.P2(c) TRUE COPY OF THE CO-PRISONER'S CERTIFICATE ISSUED BY SRI. UMMINI RAGHAVAN DATED 18.5.98 EXT.P2(d) TRUE COPY OF THE CO-PRISONER'S CERTIFICATE ISSUED BY SRI. GEEVARGTHESE UNNUNNI DATED 23.3.92 EXT.P3 TRUE COPY OF THE JUDSGMENT OF THIS HON'BLE COURT IN OP NO. 16631 OF 1999 DATED 1.2.00 EXT.P4 TRUE COPY OF THE ORDER NO. N2-37566/99 DATED 29.8.00 ISSUED BY THE THIRD RESPONDENT SANCTIONING SSS STATE PENSION TO SRI. O. DANIEL. EXT.P5 TRUE COPY OF THE AUTHORISATION FILED BY SRI. O. DANIEL AUTHORISING THE PETITIONER AS DEPENDANT OF THE PENSIONER. EXT.P6 TRUE COPY OF THE ORDER OF THE ACCOUNTANT GENERAL DATED 17.9.2001 INCORPORATING THE PETITIONER AS BENEFICIARY. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 26030 OF 2003 -------------------------------------------- Dated this the 7th day of November, 2008 JUDGMENT W.P.C. is filed complaining that no order is passed by the State Government recommending the case of the petitioner's eligibility for pension under the Swantrata Sainik Samman Pension Scheme. Asst. Solicitor General appearing for the first respondent submitted that since State Government has not recommended the case of the petitioner, no pension is granted. It is seen that Scheme for pension was introduced by the Central Government in 1980 and even after 28 years, and much after the death of the freedom fighter, petitioner has not been able to get pension. Even the pension under the State Government is obtained by petitioner's late husband in 2000 pursuant to Ext.P4 order issued by the State Government. I do not think there is any scope for directing the State Government to consider the case of late freedom fighter who is the husb and of the petitioner after 28 years of introduction of the Pension Scheme. Petitioner has not produced any materials to substantiate suffering in prison or underground of her husband during 2 freedom struggle. In the circumstances, W.P. is devoid of any merit and is dismissed. (C.N. RAMACHANDRAN NAIR) Judge kk 3