High Court of KeralaWP(C)/32008/2015disposed of

Punnakkan Narayanan v. Union Of India

2015-12-14Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE MONDAY, THE 14TH DAY OF DECEMBER 2015/23RD AGRAHAYANA, 1937 WP(C).No. 32008 of 2015 (A) ---------------------------- PETITIONER :

------------------ PUNNAKKAN NARAYANAN, AGED 91 YEARS, S/O. AMBU, "PUNNAKKAN HOUSE" NEAR KAPPAKKADAVU P.O. AZHIKKAL KANNUR DISTRICT, PIN 670009.

BY ADV. SMT.M.M.DEEPA RESPONDENTS :

----------------------

1. UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS/GRIH MANTRALAYA(FFR DIVISION) SZ SECTION, 2ND FLOOR, NDCC-II PARLIAMENT STREET NEW DELHI PIN 110001.

2. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (FFPA) DEPARTMENT SECRETARIAT, THIRUVANANHAPURAM 695 001.

3. THE DISTRICT COLLECTOR,KANNUR, 670002.

R1 BY ADV. SMT.MINI R.MENON, ADDL.CGSC BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R2 & R3 BY GOVERNMENT PLEADER SMT.C.K.SHERIN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 32008 of 2015 (A) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

TRUE COPY OF THE COMMUNICATION (FILE NO:119/GEN/K/32/2012-FF (SZ)DATED 20.01.2015 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT.

EXHIBIT P2:

TRUE COPY OF THE LETTER NO.6197/FFP A1/2015/GAD DATED 27.04.2015 OF THE 2ND RESPONDENT.

EXHIBIT P3:

TRUE COPY OF THE COMMUNICATION NO:119/GEN/K/32/2012-FF/SZ DATED 22.06.2015 ISSUED BY THE 1ST RESPONDENT RESPONDENT(S)' EXHIBITS :

NIL.

//TRUE COPY// P.A. TO JUDGE bp

A.MUHAMED MUSTAQUE, J.

===================== W.P(C)No.32008 of 2015 ========================== Dated this the 14th day of December, 2015

JUDGMENT

Petitioner requested for pension under Swatantrata Sainik Samman Pension Scheme 1980. It is apparent that petitioner's case has not been recommended by the State Government. It is also noted that the petitioner did not place sufficient records before the authority for grant of pension.

2. Learned counsel for the petitioner submits that he may be given an opportunity to present all the records before the State Government. Considering the fact that the petitioner is 93 age old and his request is only to re-consider the matter, this Court is of the view that Ext.P3 shall be set aside to pave the way for reconsideration of the matter afresh by the 1st respondent.

3. Accordingly. Ext.P3 is set aside. If the petitioner places necessary records before the 2nd respondent, same shall be considered and forwarded to the 1st respondent. Needful shall be done by the 2nd respondent within two months from the date of receipt of a copy of this judgment. On receipt of records from

W.P.(c) No.32008/2015 the 2nd respondent, the 1st respondent shall take decision within a further period of two months.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE vdv/16/12/15