IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 37145 of 2008(V) -------------------------- PETITIONER(S): --------------- K.DEVAKI, AGED 76 YEARS, S/O.LATE K.KUTTAN, KUNNATH HOUSE, P.O.KANNIYAMPURAM, OTTAPPALAM - 679 104, PALAKKAD DISTRICT. BY ADV. SRI.N.JAMES KOSHY RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS DIVISION, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI - 110 003. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, PALAKKAD. ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 GOVERNMENT PLEADER SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).37145/2008 -------------------- Dated this the 17th day of December, 2008 JUDGMENT Petitioner is a widow of one Kuttan who is stated to have been a freedom fighter. State Government had sanctioned pension to the petitioner on the premise that her husband was a freedom fighter. Under the Swatantrata Sainik Samman Pension Scheme, the widow of a freedom fighter is also entitled to pension under the said scheme. As a matter of fact, petitioner's husband had submitted applications as evidenced by Exts.P1 to P3 for pension under the Scheme, but before a decision could be taken thereon, he expired as evidenced by Ext.P4. It is thereafter, that under Ext.P5, the State Government sanctioned pension in favour of the petitioner. Petitioner sent Ext. P7 application on the death of her husband. She is aggrieved that orders are yet to be passed by the Central Government in spite of a delay of several years. W.P.(C).37145/2008 2 2. The scheme contemplates an enquiry to be conducted by the State Government on the application filed by an applicant under the Scheme and report being forwarded there upon, to the Central Government. Central Government takes a decision on the basis of the report of the State Government. 3. I heard learned counsel for the petitioner, learned Assistant Solicitor General and learned Government Pleader. 4. In the circumstances, taking note of the age of the petitioner, it is necessary that the State Government forwards a report regarding the petitioner's eligibility without further delay. 5. Accordingly, taking note of Ext.P7, District Collector, the third respondent shall conduct an enquiry on the petitioner's eligibility and forward a report in that regard to the State Government within one month from the date of receipt of a copy of this judgment. It is open to the District Collector to require the presence of the W.P.(C).37145/2008 3 petitioner or an authorized representative and also production of any document indicating the petitioner's eligibility including her receipt of pension under the State scheme. On receipt of the report from the Collector, State Government shall duly forward its recommendation to the Central Government within six weeks from the date of receipt of report. If for any reason, State Government is not inclined to uphold the petitioner's eligibility, orders shall be passed only after hearing the petitioner or an authorized representative. First respondent shall pass orders, with regard to the disbursal of pension to the petitioner under the Swatantrata Sainik Samman Pension Scheme, within two months from the date of receipt of recommendations from the State Government. 6. Copy of the writ petition along with the copy of the copy of the judgment shall be produced by the petitioner before the District Collector. V.GIRI, Judge mrcs