IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR WEDNESDAY, THE 12TH DECEMBER 2007 / 21ST AGRAHAYANA 1929 WP(C).No. 35337 of 2005(F) -------------------------- PETITIONER: ------------ ATHILATTU PARVATHI AMMA, W/O.PULUKOOL KUNHAPPA NAIR, D/O.RAMAN NAIR, PULUKOOL HOUSE, KATTIKANDAM, P.O. PAYYAVOOR, KANNUR DISTRICT. BY ADV. SRI.M.G.ASHOKAN RESPONDENTS: ------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI. 2. THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI. 3. UNDER SECRETARY TO THE GOVERNMENT OF INDIA, SWATANTRADA SAINIK SAMMAN PENSION SCHEME, MINISTRY OF HOME AFFIARS, NEW DELHI. BY ADV. SRI. AJITH KRISHNAN, CGC SRI.T.P.SAJID, ADDL.CGSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/12/2007 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT No representation. Dismissed. 12.12.2007. SD/- K.BALAKRISHNAN NAIR, JUDGE. /TRUE COPY/ HARUN-UL-RASHID, J. -------------------------------- W.P.(C) NO. 35337 OF 2005 (F) ---------------------------------- Dated this the 15th day of January, 2009 J U D G M E N T The petitioner is the widow of Pulukool Kunhappa Nair, who was a freedom fighter and is a recipient of Tamra Patra. Petitioner's case is that her husband was born in 1922 and he had undergone imprisonment for many years in Central Prisons in Kerala and Tamil Nadu. The Kerala Government in recognition of his services rendered in the freedom struggle awarded freedom fighters pension. Exhibit P1 is the order sanctioning pension. Application of the petitioner's husband for the Central pension under the Government of India scheme by name Swathanthra Samara Sainik Pension (SSS pension) was rejected by Exhibit P4 order dated 20th March 2001. In Exhibit P4, it is stated that the various discrepancies relating to applicant's age, the case to appear as a case of impersonation and therefore, application is rejected stating that the applicant is ineligible for grant of S.S.S. Pension. Exhibit P4 order is W.P.(C) No.35337/2005 - 2 - under challenge. 2. Applicant in Exhibit P5 representation dated 28-5-2001 explained in detail the facts leading to the passing of Exhibit P4 order. According to him, mistakes pointed out in Exhibit P4 order was the result of the mistakes/clerical error committed by the jail authorities in making necessary entries in the registers. He had explained in Exhibit P5 that the rejection of application for S.S.S. pension shall be reviewed in the light of his explanation submitted. Considering the fact that the applicant is a recipient of Tamra Patra and State freedom fighters pension, since the year 1972, I direct the respondents to take a lenient view in this matter. 3. I have also noticed the fact that the State Government forwarded its report recommending sanction for S.S.S.pension. In the above said circumstances, I direct the second respondent to examine and consider Exhibit P5 representation and pass orders on the application for S.S.S.pension within a period of four months from the W.P.(C) No.35337/2005 - 3 - date of receipt of a copy of this judgment. This Court also ordered that the State Government is to forward the recommendation sought for by the Central Government in Exhibit P7 communication dated 2nd May 2005 and Exhibit R1 communication dated 6th June 2006 within a period of one month from today. Petitioner shall produce a copy of this judgment to the Principal Secretary to Government of Kerala (General Administration) for passing necessary orders. The writ petition is disposed of as above. HARUN-UL-RASHID, JUDGE skr