IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30904 of 2009(G)
1. THOMAS THOMAS, AGED 89 YEARS,
... Petitioner
Vs
1. UNION OF INDIA REPRESENTED BY THE
... Respondent
2. THE STATE OF KERALA REPRESENTED BY THE
For Petitioner :SRI.P.R.VENKETESH
For Respondent :SRI.T.P.M.IBRAHIM KHAN,ASST.SOLICITOR
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :30/10/2009
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C).No.30904 of 2009-G
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Dated this the 30th day of October, 2009.
JUDGMENT
1.Heard the learned counsel for the petitioner, the
learned Central Government Counsel for the first
respondent and the learned Government Pleader for
the second respondent.
2.Ext.P12 issued by the State of Kerala to the
petitioner shows that the State Government had
forwarded a verification report to the Government
of India duly recommending the claim of the
petitioner for Swatantrata Sainik Samman Pension
as per State Government letter dated 14.7.2009.
The impugned Ext.P11 has been issued by the
Central Government in July, 2009 stating, among
other things, at paragraph 3(iii), that the
mandatory verification cum entitlement to pension
report of the State Government is not available
WPC30904/09 -: 2 :-
in this case. This, obviously, is a communication
gap.
For the aforesaid reasons, this writ petition is
ordered directing that the first respondent will
re-consider Ext.P11 in the light of the report
forwarded by the State Government with its letter
dated 14.7.2009 and take a decision de novo at
the earliest, having regard to the fact that even
when Ext.P10 judgment was issued on 30th July,
2009, it was noted that the petitioner is nearing
90 years of age.
THOTTATHIL B.RADHAKRISHNAN,
JUDGE.
Sha/141109