IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 4TH JUNE 2009 / 14TH JYAISHTA 1931 WP(C).No. 15345 of 2009(K) -------------------------- PETITIONER(S): --------------- N.R. NARAYANAN, NAMBANATH HOUSE, KARUVANKULAM ROAD, PERINGOTTUKARA, THRISSUR. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE UNDER SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS(FF) DIVISION, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI. ADDL.R3 3. THE PRINCIPAL SECRETARY TO THE STATE GOVERNMENT, GENERAL ADMINISTRATION DEPT. GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. (Suo motu impleaded as additional R3.) ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 GP SRI.P.N.SANTHOSH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2009,ALONG WITH W.P.(C).15338/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ....................... W.P.(C)s.15345 & 15338/2009 ....................... Dated this the 4th day of June, 2009 JUDGMENT Petitioners in these two writ petitions claim that they were members of the Royal Indian Navy and on the strength of the participation in the Royal India Navy Mutiny, they applied for and were sanctioned pension under the Kerala Freedom Fighters Pension Scheme, as evidenced by Ext.P1. They now claim a pension under the 'Swatantrata Sainik Samman Pension Scheme', a Central Scheme. They rely on clause 4 of the said Scheme. Petitioners, claiming eligibility for such pension, have submitted Ext.P2 representation. 2. Learned counsel for the respondents submits that the application will have to be first recommended by the State Government after due enquiry. On the basis of the recommendation given by the State Government, a decision will be taken by the Central Government. This is the procedure W.P.(C)s.15345 & 15338/09 2 contemplated under the Scheme. I find that a copy of Ext.P2 has been forwarded to the Principal Secretary to the Government, General Administration. In the circumstances, the Principal Secretary to the State Government, General Administration Department, Government of Kerala, Thiruvananthapuram, is suo motu impleaded as additional 3rd respondent. The State Government shall cause an enquiry to be conducted on the petitioner's application for appropriate action and shall then decide on the basis of the recommendation to be forwarded to the Central Government for the purpose of the 'Swatantrata Sainik Samman Pension Scheme'. 3. Accordingly, there will be a direction to the additional 3rd respondent now impleaded, to cause an eqniury to be conducted on Ext.P2 application. To enable him to do so, petitioner shall file a fresh representation before the Government giving all W.P.(C)s.15345 & 15338/09 3 requisite details within one month from today. There upon, the enquiry, necessary for the purpose of 'Swatantrata Sainik Samman Pension, shall be caused to be conducted by the State Government through its appropriate authority within three months from the date of receipt of representation. Such recommendation shall then be forwarded to the Central Government which shall take a final decision within six months from the date of receipt of recommendation from the State Government. Writ petitions are disposed of as above. V.GIRI, Judge mrcs