IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 WP(C).No. 27110 of 2009(G) ---------------------------------- PETITIONER(S): ------------------- K.K.LAKSHMI AMMA (KUTTIYATTU KELOTH LAKSHMI AMMA), W/O.LATE EDAVAN PUTHLATH KUNHAMBU NAMBIAR, MALAPATTAM AMSAM DESAM, MALAPATTAM P.O., SREEKANDAPURAM (VIA), KANNUR DISTRICT. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): -------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, NEW DELHI. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, GENERAL ADMINISTRATION (FFP.B) DEPARTMENT, THIRUVANANTHAPURAM. R1,2 BY ADV. SRI.K.SANIL KUMAR, ADDL.CGSC R3 BY GOVT. PLEADER SRI.T.P.M. IBRAHIM KHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs WP(C).No. 27110/2009(G) APPENDIX PETITIONER'S EXHIBITS: P1: EXTRACT OF THE UNDER TRIAL REGISTER ISSUED BY THE SUPERINTENDENT, CENTRAL JAIL KANNUR. P2: EXTRACT OF THE CONVICTION REGISTER ISSUED BY THE SUPERINTENDENT, CENTRAL JAIL, KANNUR. P3: COPY OF THE PROCEEDINGS DATED 06/11/1987 ISSUED BY THE DISTRICT COLLECTOR, KANNUR. P4: COPY OF THE PROCEEDING NO.6/1/97-FF (P) DATED 20/01/1998 ISSUED BY THE GOVERNMENT OF INDIA. P5: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 02/05/1998. RESPONDENT'S EXHIBITS: R1: COPY OF THE LETTER DATED 02/08/2010. /TRUE COPY/ P.A. TO JUDGE svs ANTONY DOMINIC, J. ------------------------- W.P (C) No.27110 of 2009 -------------------------- Dated this the 19th January, 2011 J U D G M E N T The prayer sought in the writ petition is to direct the respondents 1 and 2 to sanction and disburse the Swatantrata Sainik Samman Pension with arrears to the petitioner from the date of the application. The petitioner's husband E.P. Kunhambu Nambiar ( Edavan Puthalath Kunhambu Nambiar) is a freedom fighter. Recognising him as a freedom fighter, the State Government has sanctioned freedom pension to the petitioner's husband and the petitioner continues to get the family pension. Application was made by the petitioner on 2.5.1998 for the benefit of Swatantrata Sainik Samman Pension . Benefit was not granted and that led the petitioner to file this writ petition. 2. In the counter affidavit filed by the 1st respondent, in paragraph 11, it is stated that till date no recommendation has been received from the State Government with respect to the petitioner and that communication has been sent to the State Government, for W.P (C) No. 27110 of 2010 2 sending the recommendation to the 1st respondent and that on receipt of the same, further necessary action will taken. 3. However, in the counter affidavit dated 7th June 2010 filed by the 3rd respondent, in paragraph 11 it is stated thus: "The Swathantrata Sainik Samman Pension application dated 2.5.1998 and the concerned documents received by the State Government from the petitioner, Smt. K.K. Lakshmi Amma was examined by State Government and forwarded to Government of India duly recommending the case with verification report of the District Collector, Kannur for Swathantrata Sainik Samman Pension as per Government Letter No.74188/FFP-A1/2000/GAD dated 20.1.2004 which is produced as Ext. R3 (a). No delay occurred in forwarding the Swathantrata Sainik Samman Pension application of the petitioner to Government of India. It may be noted that a positive recommendation from the State Government is not binding on the Central Government." 4. Moreover, Ext. R3 (a) letter dated 20.1.2004 bearing No.74188/FFP- A1/2000/GAD issued by the Principal Secretary to Government, General Administration (FFPA) Department addressed to the Secretary to the Government of India, Ministry of Home Affairs, FF Division, W.P (C) No. 27110 of 2010 3 New Delhi reads as under: "I am directed to forward herewith the application and its enclosures for SSS pension in respect of Smt. Kuttiyath Keloth Lakshmi Amma. She has claimed that her late husband had suffered imprisonment for a period of six months five days in connection with Kavumbai Struggle. As evidence the applicant has produced extract of Undertrial Register. The Superintendent of central Prison, Kannur has reported that the genuineness of the same cannot be verified as the Register was destroyed, due to efflux of time. The District Collector and District Advisory Committee have recommended the case for SSS Pension. The applicant is a KFF family pensioner. A copy of the letter from the District Collector along with proforma verification report is also forwarded herewith duly recommending the case for SSS Pension." 5. In the light of the affidavit filed by the Central Government and in the light of Ext. R3 (a) letter dated 20.1.2004 it is obvious that the 1st respondent, has taken the stand that they have not received any positive recommendation from the State Government,without reference to Ext.R3 (a). Necessarily therefore the1st respondent has to consider the claim of the petitioner in W.P (C) No. 27110 of 2010 4 the light of the recommendation so made by the State Government and pass orders on the application submitted by the petitioner. This the 1st respondent shall do, at any rate, within three months of production of a copy of this judgment along with a copy of the writ petition. Writ petition is disposed of as above. Sd/- ANTONY DOMINIC JUDGE ma /True copy/ P.A to Judge W.P (C) No. 27110 of 2010 5