IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 28875 of 2008(K) -------------------------- PETITIONER(S): --------------- P.N.MADHAVAN, THOTTUCHIRA VELI, MARARIKULAM NORTH, S.L.PURAM.P.O, ALAPPUZHA. BY ADV. SRI.K.K.SATHEESH RESPONDENT(S): --------------- 1. UNION OF INDIA REPRESENTED BY THE DEPUTY SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS' DIVISION, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI-110 003. 2. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ALAPPUZHA. BY GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).28875/2008 -------------------- Dated this the 3rd day of December, 2008 JUDGMENT Heard learned counsel for the petitioner and learned Government Pleader. 2. Petitioner claims to be a freedom fighter who had actively participated in the Punnapra-Vayalar Movement. In affirmation of the said status claimed by the petitioner, he is in receipt of the Kerala Freedom Fighters’ Pension (State Pension). He then submitted Ext.P2 application for pension under the “Swatantrata Sainik Samman Pension” Scheme, which is to be sanctioned by the competent authority of the Central Government. His application is to be processed by the District Collector, who shall cause an enquiry to be conducted and forward a report in that regard to the State Government, and State Government shall forward the same to the Central Government. This has not been done and hence the writ petition. 3. Having heard learned counsel on both sides, writ petition is disposed of directing the third W.P.(C).28875/2008 2 respondent to cause an enquiry to be conducted on the petitioner’s application, Ext.P2, and forward a report affirming whether the petitioner is a freedom fighter and eligible to receive pension under the “Swatantrata Sainik Samman pension” Scheme, within three months from the date of receipt of a copy of this judgment to the State Government. There upon, State Government shall forward the same to the Central Government within one month from the date of receipt of the report from the District Collector. If the petitioner’s claim is found against, then, petitioner shall be given a reply in that regard by the State Government. If the State Government forwards the report to the Central Government affirming that the petitioner is eligible to receive the pension under the Scheme, then orders shall be passed by the first respondent in this regard within three months from the date of receipt of the report from the State Government. V.GIRI, Judge mrcs