IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 22713 of 2008(D) ----------------------------------------- PETITIONER(S): ------------------------- A.K.GOPALAN, AGED 82 YEARS, S/O.KRISHNAN, RESIDING AT 'SUNDARASEERIL', THANNEERMUKKOM.P.O, CHERTHALA, ALAPPUZHA-688527. BY ADV. SRI.C.V.MANUVILSAN SRI.VIDIYA MANUVILSAN RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REP BY ITS SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, (FREEDOM FIGHTER'S PENSION DEPARTMENT)SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ALAPUZHA. GOVERNMENT PLEADER SMT. M.R. SREELATHA FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.22713/2008 D APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION FILED FOR THE GRANT OF FREEDOM FIGHTERS PENSION BY THE PETITIONER ON 21/12/1998. EXT.P2: COPY OF THE NON-AVAILABILITY CERTIFICATE ISSUED BY THE CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA. EXT.P3: COPY OF THE PERSONAL KNOWLEDGE CERTIFICATE, ISSUED BY HK CHAKRAPANI, WHO IS A PROMINENT FREEDOM FIGHTER. EXT.P4: COPY OF THE COVERING LETTER DTD. 22/11/2007. EXT.P5: COPY OF THE FORWARDING LETTER NO.DIS.56666/07/H2 DTD. 26/11/2007. EXT.P6: COPY OF THE FORWARDING LETTER NO.20577/07/C4 DTD. 30/11/2007. EXT.P7: COPY OF THE REPORT OF VILLAGE OFFICER DTD. 11/02/2008. EXT.P8: COPY OF THE COMMUNICATION NO.2674/08 DTD.18/02/2008. EXT.P9: COPY OF THE REPORT RESUBMITTED ON 07/04/2008. EXT.P10: COPY OF THE STATEMENT OF 2 SENIOR CITIZENS OF THE LOCALITY. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss V.GIRI,J. ------------------------- W.P ( C) No.22713 of 2008 -------------------------- Dated this the 31st October, 2008 J U D G M E N T Petitioner, who is a senior citizen, is aggrieved by the delay on the part of the respondents in taking a decision on the application for Freedom Fighters Pension payable by the State Government under the scheme formulated in this regard. Exhibit-P1 is the application filed in this regard in the year 1998. Government should be sensitive to the fact that if persons like the petitioner are constrained to approach the Government for pension, it is only appropriate that orders are passed on such application for pension without delay. Having heard the learned Government Pleader also, the writ petition is disposed of directing the 1st respondent to consider and pass appropriate orders on Exhibit-P1 keeping in mind the observations of the Supreme Court in Gurudial Singh Vs. Union of India [2001 (8) SCC 8]. A decision shall be taken within three months from the date 2 of receipt of a copy of this judgment. Petitioner shall produce a copy of the writ petition along with a copy of this judgment and copy of judgment of the Supreme Court in Gurudial Singh Vs. Union of India before the 1st respondent, for compliance. (V.GIRI,JUDGE) ma 3 4