IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON WEDNESDAY, THE 29TH JUNE 2011 / 8TH ASHADHA 1933 WP(C).No. 15908 of 2011(K) --------------------------------------- PETITIONER: ------------------- C.A.NARAYANAN, AGED 90 YEARS, S/O.LATE AYYAPPAN, CHEERAMPARAMBIL HOUSE, THIRUVAMPADY P.O., KUTHIRAPANDI, ALLEPPY-688 002. BY ADVS. SRI.C.V.MANUVILSAN, SRI.P.G.SURESH, SMT.K.VIDYA, SRI.RAJAN VISHNURAJ. RESPONDENTS: ------------------------ 1. UNION OF INDIA, MINISTRY OF HOME AFFAIRS, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-110 003, REPRESENTED BY ITS SECRETARY. 2. DEPUTY SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, LOK NAYAK BHAVAN, NEW DELHI-110 003. 3. THE SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, (FREEDOM FIGHTER'S PENSION DEPARTMENT), SECRETARIAT, THIRUVANANTHAPURAM-695 001. 4. THE DISTRICT COLLECTOR, ALAPPUZHA-688 001. R1 & R2 BY SHRI.SAJAN MANNALI, C.G.C, R3 & R4 BY SR. GOVT. PLEADER SRI. T.K. ARAVINDAKUMAR BABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15908/2011-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, ALAPPUZHA NO.114-296321 99 DTD. 09/07/1999, PURSUANT TO GOVERNMENT LETTER NO. 5915/FFP B3/99/GAD DTD. 11/06/1999. EXT.P.2: COPY OF THE POSTAL RECEIPT DTD. 14/08/1981, EVIDENCING THE DISPATCH OF APPLICATION FOR FREEDOM FIGHTER'S CENTRAL PENSION UNDER SWATHANTHRA SAINIK SAMMAN SCHEME. EXT.P.3: COPY OF THE REPRESENTATION DTD. 10/11/2003. EXT.P.4: COPY OF THE COMMUNICATION DTD. 03/12/2003, RECEIVED BY THE PETITIONER. EXT.P.5: COPY OF THE APPLICATION DTD. 28/08/2010, SUBMITTED BY THE PETITIONER UNDER SSS BEFORE THE R.2. AND THE R.3. IN THE PRESCRIBED FORM. EXT.P.6: COPY OF THE NON AVAILABILITY OF RECORDS CERTIFICATE ISSUED BY THE CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA. EXT.P.7: COPY OF THE PERSONAL KNOWLEDGE CERTIFICATE AND JAIL SUFFERING CERTIFICATE OF PROMINENT FREEDOM FIGHTER, HK CHAKRAPANI. EXT.P.8: COPY OF THE REPRESENTATION DTD. 28/06/2010 SUBMITTED BEFORE THE RESPONDENTS 3 AND 4. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.R.RAMACHANDRA MENON, J -------------------------------------- W.P.(C) No.15908 OF 2011 -------------------------------------------------- Dated this the 29th day of June 2011 JUDGMENT The petitioner is stated as a 'Freedom fighter', who had participated in the 'Punnapra Vayalar Freedom struggle' during 1946, which has been declared as a part of the Freedom Struggle of India. Based on the credentials of the petitioner to receive the Freedom Fighter's Pension provided by the State of Kerala, necessary application was preferred and on completion of the inquiry, the same was allowed and the petitioner is stated as receiving the pension provided by the State as per Ext.P1. 2. The case of the petitioner is that, the petitioner, on declaration of a 'Scheme' by the Central Government, for providing pension to Freedom Fighters, had made an application, but, the same is subsequently stated as missing, whereby the petitioner is put to much adverse circumstances and is compelled to start the proceedings afresh. It was in the course of the said proceedings that the petitioner preferred an application before the Central Government and approached the State Government by filing Ext.P8 seeking to forward the particulars with necessary recommendations to the Central Government for consideration of the matter and to grant the pension under the 'Swathanthra W.P.(C) No.15908/2011 2 Sainik Samman Pension Scheme'. The grievance of the petitioner is with regard to the delay in finalising the proceedings at the hands of the state Government authorities. 3. Heard the learned standing counsel appearing for the 1st and 2nd respondents and the learned Government Pleader appearing for the other respondents. 4. Considering the facts and circumstances including the fact that Ext.P5 application for 'Swathanthra Sainik Samman Pension' is pending from 28-08-2010, and that the request made by the petitioner on the same day vide Ext.P8 is pending consideration before the 3rd and 4th respondents and above all, the glaring fact that the petitioner is a nonagenarian, who had crossed the age of 90 years, this Court finds that the matter requires to be finalised at the earliest. 5. In the said circumstances, the 3rd and 4th respondents are directed to complete the inquiry pursuant to Ext.P8 and forward the particulars with the necessary recommendations in the matter as contemplated under the relevant provisions of the Swathanthra Sainik Samman Pension Scheme to the 2nd respondent at the earliest, at any rate within 'two months' from W.P.(C) No.15908/2011 3 the date of receipt of a copy of this judgment. On receipt of the proceedings as above, the eligibility of the petitioner shall be considered and appropriate orders shall be passed by the 2nd respondent with regard to the granting of benefit under the Swathanthra Sainik Samman Pension Scheme, in accordance with law, as expeditiously as possible, at any rate within 'three months' thereafter. The Writ Petition is disposed of. vdv P.R.RAMACHANDRA MENON, JUDGE