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. 14564 of 2009(M) -------------------------- PETITIONER: --------------- SMT.K.K.DEVAKI, W/O.THAZHE OTHAYOTH KRISHNAN, KULINHIL KANNOTH HOUSE, BLATHUR, KALLIAD POST, IRIKKUR, KANNUR DISTRICT. BY MR.O.D.SIVADAS, ADVOCATE RESPONDENTS: ------------------ 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 GOVERNMENT OF KERALA, GENERAL ADMINISTRATION (FFP.B) DEPARTMENT, THIRUVANANTHAPURAM. BY MR.S.KRISHNAMOORTHY, CGC FOR R1 MR.SIRAJ KAROLY,CGC FOR R1-2 MR.P.NARAYANAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.14564 OF 2009 --------------------------------------- Dated this the 13th day of January, 2010. J U D G M E N T The petitioner herein is an applicant for the benefit of Swatantrata Sainik Samman Pension scheme. The petitioner's husband was a freedom fighter who had actively participated in the Kavumbhai struggle. He was arrested and had undergone imprisonment also. It is stated that the petitioner's husband was arrested on 07.02.1947 and was remanded to jail. The offences levelled against the petitioner's husband were under Sections 143, 323 and 506 of Indian Penal Code and the criminal case registered by the police was tried as C.C.No.36/1947 of the Special First Class Magistrate, Tellicherry. 2. Exhibit P1 is the extract of the register of under-trial prisoners and also the conviction register maintained by the Superintendent, Central Jail, Kannur relating to the petitioner's husband. Kavumbhai struggle has been recognised as part of the freedom struggle by the Central Government as per Exhibit P3 order. W.P.(C) No.14564/2009 2 3. It is stated that the State Government has sanctioned pension as per Exhibit P2 way back in 1983. The application herein is dated 20.07.1998, going by the averments in paragraph 3 of the writ petition. Exhibit P4 is a recommendation made by the State Government in the matter. Aggrieved by the delay on the part of the Central Government in taking a decision, the petitioner has filed this writ petition. In the light of the fact that the application has not so har been finally disposed of, there will be a direction to the 2nd respondent to take a decision on the application which is recommended by the State Government as per Exhibit P4 within a period of four months from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment along with copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp