IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 WP(C).No. 31333 of 2008(E) ----------------------------------- PETITIONER : ---------------- K.VAVACHAN ALIAS KITTAN VAVA, AGED 78, KARUVALLY VELIYIL, MUHAMMA P.O., CHERTHALA. BY ADV. SRI.J.OM PRAKASH RESPONDENTS : -------------------- 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, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ALAPPUZHA. ADV. SRI.P.PARAMESWARAN NAIR, ASST.SOLICITOR - R1 GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.31333 of 2008 -------------------------- Dated this the 24th October, 2008 J U D G M E N T Petitioner, who is a senior citizen, sought for pension under the Swathanthra Sainik Samman Pension Scheme implemented by the central Government. According to the petitioner, he had participated in the Punnapra-Vayalar struggle which is also treated as a part of the freedom struggle. He was convicted by the First Class Magistrate Court, Cherthala in C.C No.17/1949 and according to him the sentence is evidenced by Exhibit P3. Application submitted by him for pension was returned by the District Collector as per Exhibit P4. Petitioner has therefore approached the Government which is competent to take a decision on the petitioner’s application and recommend the same to the Central Government which ultimately is competent to grant pension in favour of the petitioner. Exhibit P9 is pending before the 2nd respondent. W.P ( C) No.31333 of 2008 2 Having heard the learned Government Pleader also, the writ petition is disposed of directing the 2nd respondent to consider Exhibit P9 and take appropriate decision thereon within three months from the date of receipt of a copy of this judgment. First respondent shall take a decision on the application so received, if suitably recommended by the 2nd respondent, within two months from the date of receipt of the said application and papers from the 2nd respondent. (V.GIRI,JUDGE) ma W.P ( C) No.31333 of 2008 3 W.P ( C) No.31333 of 2008 4