IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON THURSDAY, THE 16TH JUNE 2011 / 26TH JYAISHTA 1933 WP(C).No. 37975 of 2010(V) ---------------------------------- PETITIONER(S): ------------------- V.C.JANAKI AMMA, AGED 83 YEARS, W/O.PULLANHIOTAN ANANDAN NAMBIAR, PULLANHIOTAN HOUSE, P.O.KALLIADE, KANNUR DISTRICT, PIN-670598. BY ADVS. SRI.P.U.SHAILAJAN SRI.B.KISHOR RESPONDENT(S): -------------------- 1. MINISTRY OF HOME AFFAIRS, UNION OF INDIA, REP. BY ITS SECRETARY, NEW DELHI. 2. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, KANNUR, KANNUR-2. R1 BY ADVS. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR SRI.S.KRISHNAMOORTHY, CGC. R2 & R3 BY GOVT.PLEADER SRI.T.K.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO.37975/2010 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DATD 17/03/1974 BY THE DISTRICT COLLECTOR, KANNUR SANCTIONING PENSION TO THE HUSBAND OF THE PETITIONER. P2: COPY OF THE ORDER DATED 03/08/1978 PASSED BY THE DISTRICT COLLECTOR, KANNUR. P3: COPY OF THE EXTRACT FROM THE CONVICTION REGISTER. P4: COPY OF THE EXTRACT FROM THE U.T. REGISTER. P5: COPY OF THE LETTER FORM THE COLLECTORATE, KANNUR DATED 07/08/1975 INVITING LATE ANANDAN NAMBIAR TO RECEIVE THE TAMRAPATRA. P6: COPY OF THECRITERIA FOR GRANT OF PENSION UNDER THE “SWATANTRATA SAINIK SAMMAN PENSION SCHEME, 1980”. P7: COPY OF THE LIST OF MOVEMENTS RECOGNIZED UNDER THE “SWATANTRATA SAINIK SAMMAN PENSION SCHEME, 1980”. P8: COPY OF THE LETTER DATED 22/07/1998 RECEIVED BY PETITIONER FROM THE MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA. RESPONDENT'S EXHIBITS: R1(a):COPY OF THE SALIENT FEATRUES OF THE SCHEME. /TRUE COPY/ P.A. TO JUDGE. svs P.R. RAMACHANDRA MENON J. ~~~~~~~~~~~~~~~~~~~~~~~ W.P (C) No . 37975 of 2010 ~~~~~~~~~~~~~~~~~~~~~~~ Dated, this the 16th June , 2011 JUDGMENT The grievance of the petitioner is with regard to the non sanctioning of 'Swathantrata Sainik Samman Pension (SSSP)' by the Central Government. 2. Case of the petitioner is that the deceased husband of the petitioner was a freedom fighter, having participated in the “Kavumbai Movement”, which was declared as a part of freedom struggle, as per notification issued by the Central Government in 1998. It is stated that, pursuant to the said notification, application was preferred for granting the pension by the Central Government in 1998. But the relief was declined by the first respondent as per Ext. P8 order dated 22.07.1998, informing that the proceedings had to be duly recommended by the State Government for considering the matter as per the Scheme. 3. The first respondent has filed counter affidavit also producing a copy of the relevant Scheme, as Ext. R1(a). It is contended there is absolutely no lapse or failure on the part of the said respondent in considering the matter. It is also stated that the claim of the petitioner W.P. (C) No. 37975 of 2010 : 2 : required to be supported by the duly verified official records and was to be recommended as prescribed. 4. In the said circumstances, the 2nd and 3rd respondents are directed to take follow up action in this regard, particularly, in view of the fact that the matter is pending for more than two decades, if the application preferred by the petitioner is otherwise in order. The application shall be forwarded to the first respondent with necessary recommendations, based on the credentials of the deceased husband of the petitioner, which shall be done as expeditiously as possible, at any rate within 'two months' from the date of receipt of a copy of this judgment. On receipt of the proceedings as above, the first respondent shall consider the same and pass appropriate orders in accordance with law, as expeditiously as possible, at any rate within 'two months' thereafter. The Writ Petition is disposed of. P. R. RAMACHANDRA MENON, JUDGE kmd