IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 31652 of 2006(R) ----------------------------------------- PETITIONER: -------------------- MISS.KUMARI, AGED 42 YEARS, D/O.LATE P.K.GOPALAN, KOLLASSERIL HOUSE, VAYALAR P.O., CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.B.RAJEEV KOYICKAL SRI.G.ANANTHANARAYANAN SMT.P.I.SHAMLATH RESPONDENTS: ------------------------- 1. THE UNION OF INDIA, REP.BY THE SECRETARY, FREEDOM FIGHTERS DIVISION, MINISTRY OF HOME AFFAIRS, 1ST FLOOR, LOK NAYAK BHAVAN, NEW DELHI- 110003. 2. THE STATE OF KERALA, REP.BY THE ADDL. SECRETARY TO GOVERNMENT OF KERALA, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.M.SANTHOSH KUMAR, CGC FOR R1 GOVERNMENT PLEADER SRI. P.A. SALIM FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.31652/2006 R APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER OF THE DISTRICT COLLECTOR, ALAPPUZHA DTD. 23/10/1972 GRANTING PENSION TO THE PETITIONER'S FATHER. EXT.P2: COPY OF THE ORDER DISTRICT COLLECTOR, ALAPPUZHA DTD. 5/08/1988 GRANTING PENSION TO THE PETITIONER'S MOTHER. EXT.P3: COPY OF THE ORDER OF THE DISTRICT COLLECTOR, ALAPPUZHA DTD. 27/08/2003 GRANTING PENSION TO THE PETITIONER. EXT.P4: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S MOTHER FOR CENTRAL PENSION UNDER THE SSSP SCHEME. EXT.P5: COPY OF THE A.D.CARD SHOWING THE RECEIPT OF THE APPLICATION IN OFFICE OF THE DEPUTY SECRETARY, EXT.P6: COPY OF THE CERTIFICATE ISSUED BY THE P.A.SOLOMEN, EX.M.P. DTD. 7/11/2005 ISSUED TO THE PETITIONER SHOWING THE IMPRISONMENT OF THE PERIOD OF THE PETITIONER'S FATHER. EXT.P7: COPY OF THE CERTIFICATE ISSUED BY THE SUPERINTENDENT CENTRAL JAIL, THIRUVANANTHAPURAM DTD. 20/04/2006. EXT.P8: COPY OF THE CERTIFICATE ISSUED BY THE SUPERINTENDENT SPECIAL SUB JAIL ALAPPUZHA DTD. 9/01/2006 ISSUED TO THE PETITIONER. EXT.P9: COPY OF THE REPRESENTATION SUBMITTED TO THE STATE GOVT. DTD. 8/08/2006. EXT.P10: COPY OF THE A.D.CARD SHOWING THE REPRESENTATION OF THE PETITIONER IN THE SECRETARIAT, THIRUVANANTHAPURAM DTD. 28/08/2006. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R.RAMACHANDRAN NAIR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C). No.31652/2006-R ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 28th day of July, 2008 J U D G M E N T The petitioner is the unmarried daughter of late Sri.P.K.Gopalan who had actively participated in the Punnapra- Vayalar struggle. Ext.P1 shows that he had been sanctioned pension by the State Government for participation in the same struggle. When he died, his wife was sanctioned the same by Ext.P2. His wife died on 25/03/2003 and, thereafter, by Ext.P3, the petitioner was sanctioned pension, which she is receiving now. 2. Ext.P4 is the application submitted by the deceased mother of the petitioner for pension under the Swatantrata Sainik Samman Pension Scheme. The petitioner is relying on Ext.P4. Exts.P6, P7 and P8 certificates have also been produced in support of her claim. Since no action was taken in the matter again by Ext.P9 the State was requested to take action in the matter, and Ext.P10 acknowledgement card shows that the representation was received by the State Government. W.P.(C).NO.31652/2006-R -:2:- 3. Aggrieved by the inaction in the matter, this writ petition has been filed. 4. The second respondent has not filed a counter affidavit, whereas, the first respondent has filed their counter affidavit. It is stated in paragraph '7' that the application of the petitioner along with mandatory Verification-cum-Entitlement Report of the State Government on the petitioner's claim have not been received in the Ministry so far. It is also revealed from the said paragraph that the case of the deceased mother has been referred to the State Government for Verification-cum-Entitlement Report along with their specific recommendation vide the Ministry's letter 119/2/Genl/98 (FF.SZ), dated 20/08/1998. 5. Therefore, the inaction is on the part of the second respondent State Government. It is evident that inspite of the Central Government's letter dated 20/08/1998, so far the second respondent has not forwarded the application along with the certificates and the mandatory Verification-cum-Entitlement Report. During the pendency of this writ petition also it seems that the report has not been forwarded. This is a state of affairs which is most disturbing in view of the fact that a freedom fighter has been denied the entitlement of pension solely in view of the W.P.(C).NO.31652/2006-R -:3:- administrative delay on the part of the second respondent State Government. 6. The second respondent is, therefore, directed to forwarded to the Central Government, Ext.P4 application along with the Annexures and the mandatory Verification-cum- Entitlement Report with the appropriate recommendation within a period of two months from the date of receipt of a copy of this judgment. The petitioner will be free to produce any additional materials before the State Government for consideration of the same to the Central Government. On receipt of the same, the first respondent will process the application and consider the same on its merits and pass appropriate orders in the matter within a further period of three months thereafter. In the event of sanction of pension, the entitlement of the petitioner for grant of arrears of pension from the date of Ext.P4 dated 24/04/1998 will also be considered by the Central Government. The original petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, Judge ms