P.K. Raghavan Nair vs Union of India and State of Kerala

Babu Mathew P. Joseph, J.—Heard the learned counsel appearing for the petitioner, the learned Senior Panel Counsel for Central Government appearing for the respondents 1 and 2 and the Government Pleader appearing for the 3rd respondent. The petitioner is a freedom fighter receiving the Kerala Freedom Freighters Pension. He is aged 87 years. His case is that he is entitled to Swatantrata Sainik Samman Pension from the Government of India. He has applied for that pension. But, his application was not recommended by the State Government. Hence, he did not get that pension so far. In order to issue a direction to the respondents 1 and 2 to grant the said pension to him, he has preferred this Writ Petition.

Learned counsel for the petitioner submits that the petitioner has produced all the required documents enabling him to get the Swatantrata Sainik Samman Pension along with his application. But, while considering the application of the petitioner, the relevant documents including Ext.P2 certificate dated 14-10-1993 issued by the late Sri. N. Sivan Pillai were not considered. If all the documents produced by the petitioner were considered in their proper perspective, his application for pension would have been recommended by the State Government. Having heard both the sides, this Court is of the view that the petitioner shall be given an opportunity to approach the State Government again for the Swatantrata Sainik Samman Pension. The petitioner is free to submit another application along with the relevant documents and, in that event, the State Government shall consider the same on merits. The petitioner shall submit his application within three weeks from today and the State Government shall dispose of that application within a period of 45 days from the date of receipt of such application from the petitioner. When such application is considered, the State Government shall also take into account the documents already submitted by the petitioner along with his previous application. The State Government shall be guided by the observations made by this Court in the decision reported in 1996 (2) KLJ 152 (Chathu Vs. Union of India) while considering the application of the petitioner. The petitioner shall be given an opportunity of being heard before disposing of his application by the State Government. If the petitioner is found eligible for the Swatantrata Sainik Samman Pension, the State Government shall recommend his case to the concerned authority under the Government of India without any delay and, in that case, the authority under the Government of India shall also dispose of the same without delay.

This writ petition is disposed of as above.