IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 22ND MARCH 2010 / 1ST CHAITHRA 1932 WP(C).No. 3017 of 2009(H) --------------------------------------- PETITIONER(S): ------------------------- K.K.VISWANATHAN, AGED 78, S/O.KITTAN KANDATHIL, KOMALAPURAM EAST, AVALUKUNNU PO., ALAPPUZHA. BY ADV. MR.J.OM PRAKASH RESPONDENT(S): --------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. R1 BY ADV. MR.SUNNY XAVIER, ACGSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.3017/2009 H APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE APPLICATION OF THE PETITIONER DTD. 29/04/98. P2: COPY OF THE STATE PENSION ORDER DTD. 22/06/1977 ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA. P3: COPY OFTHE REPORT OF THE TAHSILDAR, AMBALAPPUZHA DTD. 9/11/73. P4: COPY OF THE CERTIFICATE OF SRI.SUKUMARAN DTD. 24/04/98. P5: COPY OF THE EXTRACT OF THE CONVICT REGISTER RELATING TO SRI.SUKUMARAN ISSUED BY THE SUPERINTENDENT, CENTRAL JAIL DTD. NIL. P6: COPY OF THE CENTRAL PENSION ORDER OF SRI.SUKUMARAN DTD.NIL ISSUED BY THE DEPUTY SECRETARY TO GOVT. OF INDIA. P7: COPY OF THE APPLICATION AND ORDER IN P.E.7/1122 M.E. OF THE DISTRICT MAGISTRATE (JUDICIAL), ALAPPUZHA DTD. 3/1/74. P8: COPY OF THE REPRESENTATION OF THE PETITIONER DTD.16/12/2008. P9: COPY OF THE A.D. CARD OF THE 2ND RESPONDENT DTD.23/12/2008. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.3017/2009-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 22nd day of March, 2010 J U D G M E N T The petitioner is a freedom fighter and an applicant for grant of Swatantrata Sainik Samman Pension for participation in the Punnapra-Vayalar struggle. It is averred that he was arrayed as an accused in Case No. P.E.7/1122 M.E as a result of which he went underground for a period of one year. Ext.P1 is the copy of the application dated 29/04/1998 for S.S.S Pension submitted before the District Collector. Ext.P2 is the copy of the proceedings granting State Pension to the petitioner. Ext.P3 is the report of the Tahsildar. The petitioner has produced a certificate from another prominent freedom fighter Shri Kunjan Sukumaran as per Ext.P4 and, Exts.P5 and P6 are the documents related to the certifier. The petitioner, failing to get any reply in the matter filed Ext.P8 representation and the main prayer is for a direction to the second respondent to recommend Ext.P1 application for pension. 2. The first respondent has filed a counter affidavit stating that only after receipt of the verification-cum- entitlement report from the State Government they can consider the application as per the Scheme. Therefore, W.P.(C). No.3017/2009 -:2:- there will be a direction to the second respondent to forward the application along with all the annexures and verification-cum-entitlement report to the first respondent within one month from the date of receipt of a copy of this Judgment. Thereafter, the first respondent will consider the application in accordance with the Scheme and communicate the results to the petitioner within a further period of four months thereafter. The entitlement of the petitioner for arrears from the date of receipt of the application will be considered if the pension is sanctioned to him. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms