IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7581 of 2010(W)
1. SMT.PULLANHIYODAN KALLIANI AMMA,
... Petitioner
Vs
1. THE UNION OF INDIA, REP. BY ITS UNDER
... Respondent
2. THE STATE OF KERALA, REP. BY ITS
3. THE DISTRICT COLLECTOR KANNUR.
For Petitioner :SRI.V.C.JAMES
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :09/03/2010
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C) No. 7581 of 2010-W
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Dated this the 9th day of March, 2010.
JUDGMENT
The petitioner is the widow of late Shri Ettissery Kuttiat Kannan
Nambiar. He had participated in the Kavumbhai struggle and was entitled
to get pension under the Swathanthratha Sainik Samman Pension Scheme of
the Central Government. The said said struggle is one recognized for
sanction of SSS pension. The late husband of the petitioner had suffered
imprisonment for a period of 8 months and 25 days in connection with the
above struggle. Ext.P1 is the true copy of the convict register issued by the
Central Prison, Kannur in that regard. The application forwarded for grant
of pension directly to the first respondent, was directed to be forwarded to
the State Government with a direction to the State Government to scrutinize
the same and send a verification and entitlement to pension report along
with their specific recommendation. Ext.P2 is the reply dated 17.9.1998
given in this regard. The application was processed by the District
Collector and forwarded to the State Government as evidenced by Ext.P3
communication dated 24.5.1999. Therein, the details regarding the
suffering of the late husband of the petitioner have been mentioned after
wpc 7581 /2010 2
verifying the jail certificate. By Ext.P4, the State Government forwarded
the papers to the Central Government along with their recommendation.
The same is dated 22.7.1999. He was a recipient of Thamrapathra also, as
evidenced by Ext.P6. Ext.P5 is the copy of the order sanctioning pension
under the Kerala Freedom Fighters Pension Scheme, to the petitioner.
2. Heard learned counsel for the petitioner, learned Asst. Solicitor
General for the first respondent and learned Govt. Pleader for respondents 2
and 3.
3. There will be a direction to the first respondent to take a decision
on the application for grant of SSS pension, especially in the light of the
recommendation made by the State Government as per Ext.P4 and after
examining all documents, within a period of five months from the date of
receipt of a copy of this judgment. The petitioner will forward a copy of the
writ petition along with a copy of this judgment for compliance.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
kav/