High Court Kerala High Court

Smt.Yesodha vs Union Of India on 13 August, 2009

Kerala High Court
Smt.Yesodha vs Union Of India on 13 August, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 23181 of 2009(P)


1. SMT.YESODHA,
                      ...  Petitioner

                        Vs



1. UNION OF INDIA,
                       ...       Respondent

2. THE SECRETARY TO GOVERNMENT,

3. THE PRINCIPAL SECRETARY TO GOVERNMENT

                For Petitioner  :SRI.O.D.SIVADAS

                For Respondent  :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR

The Hon'ble MR. Justice V.GIRI

 Dated :13/08/2009

 O R D E R
                        V.GIRI, J.
          ----------------------------------------
                W.P.(C).No.23181 of 2009
          ----------------------------------------
         Dated this the 13th day of August, 2009.


                       JUDGMENT

The petitioner’s husband, now deceased

Edevan Koroth Ramankutty Nambiar, was a freedom

fighter, who participated in the Kavumbayi Struggle,

which is now recognized as part of the National

freedom struggle, as per Ext.P3.

2. Late Edevan Koroth Ramankutty Nambiar

was a recipient of State pension as a freedom fighter.

His application for pension under the Central Scheme

on the strength of his participation in the freedom

struggle has been recommended by the State

Government as per Ext.P4 dated 25.6.1999. But the

Union Government is to pass final orders in this regard.

Hence this writ petition.

3. The petitioner’s husband is no more. If the

petitioner’s husband is eligible for pension under the

Central Scheme, then the petitioner is entitled to family

pension under the said Scheme.

W.P.(C).No.23181 of 2009

:: 2 ::

4. A decision shall be taken by the Central

Government in the matter of eligibility of the

petitioner’s late husband late Edevan Koroth

Ramankutty Nambiar, pursuant to Ext.P4, and on the

petitioner’s consequent eligibility for receiving family

pension. Orders shall be passed by the 1st respondent

within five months from the date of receipt of a copy of

this judgment.

5. Writ petition is disposed of as above.

The petitioner shall forward a copy of this

judgment along with a copy of the writ petition to the

1st respondent.

Sd/-

(V.GIRI)
JUDGE
sk/

//true copy//

P.S. to Judge