IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 WP(C).No. 9876 of 2005(A) ------------------------- PETITIONER: ------------------- NALINI PADMANABHAN, W/O. LATE T.K. PADMANABHAN, THAIPARAMBIL HOUSE, THUMPOLY P.O., ALAPPUZHA. BY ADV. SRI.K.K.SATHEESH RESPONDENTS: --------------------- 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 SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ALAPPUZHA. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS;- P1: Copy of the order of sanction of Kerala Freedom Fighters' Pension vide No.46210/FFP-B3/2000/GAD dtd.17.11.2000 issued by the 2nd respondent. P2: Copy of the application dtd.7.9.1998 submitted by the petitioner's late husband for the grant of SSS Pension. P3: Copy of the PKC issued by Sri.H.K.Chakrapani dtd.7.9.1998. P4: Copy of the NARC issued by the CJM Court, Alleppey dtd.2.6.1981. P5: Copy of the representation dtd.1.2.2005 submitted by the petitioner to the 3rd respondent. P6: Copy of the PKC issued by Sri.H.K.Chakrapani in the prescribed form dtd.25.12.2004. P7: Copy of the affidavit duly attested by the Judicial Ist Class Magistrate-II, Alappuzha dtd.5.1.2005. RESPONDENTS' EXHIBITS:- Nil. ( true copy ) P.A. TO JUDGE. kvs/- T.R.RAMACHANDRAN NAIR, J. ========================= WP(C).No.9876 of 2005-A. ========================= Dated this the 8th day of February, 2008. J U D G M E N T The petitioner has approached this Court for a direction to respondents 2 and 3 to recommend her claim for grant of Swatanthrata Sainik Samman Pension along with their verification cum entitlement report to the first respondent and direct the first respondent to consider the grant of the benefit of the scheme. The petitioner is the widow of late Sri.T.K.Padmanabhan, a freedom fighter who had actively participated in the Punnapra – Vayalar Struggle. As per Ext.P1 the State Government had granted pension to him. He died on 22.1.2001 and the petitioner is getting the benefit of dependent family pension under the State Pension Scheme. 2. Ext.P2 is the application submitted by the late husband WP(C).No.9876 of 2005-A. 2 of the petitioner for grant of Swatanthrata Sainik Samman Pension. At that time the late husband of the petitioner had produced Exts.P3 and P4, the certificate issued by Sri.H.K.Chakrapani and the non availability of record certificate issued by the Chief Judicial Magistrate Court, Alappuzha. After the death of the late husband, the petitioner filed a detailed representation Ext.P5 along with fresh personal knowledge certificate issued by Sri.H.K.Chakrapani, after he was granted Central Pension. Ext.P7 is the affidavit filed by the petitioner. 3. In the counter affidavit filed by the State Government the main objection taken is that the petitioner has not submitted any fresh application in the form prescribed with supporting documents. The question is whether the same is required. The learned counsel for the petitioner submitted that only in the case of unmarried daughters of late freedom fighters alone a fresh application is called for under Clause 12 of the Scheme. Clause 12 WP(C).No.9876 of 2005-A. 3 actually deals with the duration of the pension. It is for the life time of the recipient. In the case of death of a pensioner his/her heirs though otherwise eligible for pension will not automatically succeed to such a pension. They shall have to apply afresh with proof of the pensioner. Therefore actually clause 12 applies in the case of a legal heir applying for the benefit of the pension which was already sanctioned. Herein, the SSS pension was not sanctioned to the late husband of the petitioner. In the light of the same the contention raised by the State Government that a fresh application is required is not correct. 4. Therefore, there will be a direction to the 2nd respondent to take on file Exts.P2 and P5 along with the certificates Exts.P4, P6 and Ext.P7 affidavit and to forward a verification cum entitlement report showing the recommendation to the first respondent within a period of six weeks from the date of production of a copy of this judgment. On receipt of the WP(C).No.9876 of 2005-A. 4 communication from the State Government the first respondent will consider the application in accordance with law within a further period of two months. In the event of sanction of pension the claim for arrears will be considered with effect from the date of receipt of application Ext.P2 dated 7.9.1998. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-