IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 9TH FEBRUARY 2010 / 20TH MAGHA 1931 WP(C).No. 3814 of 2010(B) ------------------------- PETITIONER: --------------- K.V.NARAYANI, W/O.LATE B.V.KRISHNAN, KATTIL HOUSE, PUNNOL, THALASSERY-67-102, KANNUR DISTRICT, KERALA. BY ADV. SRI.P.M.HABEEB RESPONDENT: --------------- GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, F.F.DIVISION, 1ST FLOOR, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J. ------------------------------------------------ W.P.(C)No.3814 of 2010 ------------------------------------------------ Dated this the 9th day of February, 2010 JUDGMENT The petitioner herein is a widow of late B.V.Krishnan who was a member of Malabar Special Police Force and was dismissed from service for the reason that he participated in M.S.P. strike in 1946. It is averred in the writ petition that the late husband of petitioner filed an application dated 8/4/1981 for the grant of pension under Swatantrata Sainik Samman Central Pension Scheme, 1980. His application was rejected earlier stating that the MSP Strike of 1946 has not been recognized by the Government of India as part of the National freedom movement for the purpose of grant of pension under the Swatantrata Sainik Samman Central Pension Scheme, 1980. Later, after the death of petitioner's husband, the petitioner filed an application for the grant of Swatantrata Sainik Samman Pension. This was recommended by the State Government as per Ext.P2 and finally the Central Government granted pension as per Ext.P3. 2. By Ext.P3 the petitioner is receiving freedom fighters widow pension from 15/3/2002. According to the petitioner, the W.P.(C)No.3814 of 2010 2 petitioner is entitled for grant of pension from the year 1998 onwards. Seeking for such a benefit the petitioner has filed Ext.P5 representation. It is pointed out that she is entitled for SSS Pension from an earlier date namely from the date of receipt of the application or from the date of application. It is a matter for the competent authority to consider. 3. There will be a direction to the respondent to take a decision on Ext.P5 within a period of five months from the date of receipt of a copy of this judgment in accordance with the provisions of the relevant scheme. The petitioner will produce a copy of the writ petition along with a copy of this judgment for compliance before the respondent. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE skj