The prayer in the writ petition is for the direction to first and second respondents to sanction and disburse the Swantantrata Sainik Samman Pension to the petitioner with arrears without delay. The husband of the petitioner by name Valluva Veetil Govindan Nambiar was an undertrial prisoner in connection with Kavumbhai movement which was part of the freedom struggle. Ext.P1 is the extract from the convict register maintained at the Central Jail, Kannur which reflects that the husband of the petitioner was in jail as convict No.6888 from 1-3-1947 to 29-10-1947. Ext.P2 is the proceedings of the first respondent recognising Kavumbhai Movement as a regional movement in Kerala during the freedom struggle for the purpose of grant of Samman pension .
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2. The petitioner contends that she had submitted the application for grant of pension along with the supporting testimonials to the State Government as well as the Central Government. The District Collector, Kannur on the basis of the report of the District Advisory Committee has recommended the grant of Samman Pension to the petitioner who is a widow. It is discernible from Ext.P3 letter of the District Collector that the District Advisory Committee had found that the husband of the petitioner was a genuine freedom fighter and that the petitioner was eligible for the grant of Samman Pension. Ext.P4 is the letter of the State Government forwarding the report of the District Collector and other documents to the first respondent for necessary follow up action.
3. The first respondent has filed a counter affidavit contending inter alia that it is not still in receipt of Ext.P4 letter, enclosing the contents of Ext.P3 recommendatory report of the District Collector. Ext.P4 letter of the State W.P.(C) NO.17872 OF 2010 3 Government also reflects that the case of the petitioner has been recommended for favourable consideration by the Central Government for the grant of Samman Pension .The stand of the first respondent that it is not still in receipt of the letter enclosing the necessary documents is prima facie unacceptable.
4. The petitioner relies on the decision of full bench of this Honourable Court in Union of India vs. Peter Devassia (2003 1 KLT 467) to contend that the imprisonment in jail as undertrial prisoner should be reckoned for grant of freedom fighters pension. Reliance is also placed on the decision of Gurdial Singh vs. Union of India and Others (2001 8 Supreme Court Cases 8) to contend that the liberal approach should be adopted for the grant of Samman Pension to mitigate the sufferings of the kin of freedom fighters.
5. I direct the third respondent to forward a copy of Exts.P3 and P4 with the supporting testimonials to the first W.P.(C) NO.17872 OF 2010 4 respondent within a period of two weeks from the date of receipt of a copy of this judgment. The first respondent shall consider the recommendations of the District Collector and the State Government and pass necessary orders as regards the claim for Samman Pension. The same shall be done by the first respondent within a period of one month from the date of receipt of copy of Exts.P3 and P4 with the supporting testimonials.
The writ petition is disposed of.
V.CHITAMBARESH JUDGE smm