JUDGMENT K.S. Radhakrishnan, J. 1. Petitioners are persons who have been honoured with freedom fighters' pension by the State Government. Payment of freedom fighters' pension by the Government is not to reward or compensate the sacrifices made in the freedom struggle, but to honour, and acknowledge the valuable service they rendered. It is a token of salute to their patriotism. 2. The object and purpose of the Freedom Fighers' Pension Scheme is to honour those who had given the best part of their life to the country. It is also intended to mitigate the sufferings of those who had given their all for the country in the hour of its need. The spirit of the Scheme being both to assist and honour the needy and acknowledge the valuable sacrifices made, it would be contrary to its spirit to convert it into some kind of programme of compensation. In the instant case, it is an admitted fact that the petitioners were found entitled to the benefit of the Kerala Freedom Fighters' Pension. State Government formulated the Kerala Freedom Fighters' Pension Rules when the Central Government brought to the notice of the State Government the necessity for giving financial assistance and other help to political sufferers who had participated in the national movements for the emancipation of the country during the thirties and forties of this century and who would be old and infirm and many of them being impoverished due to their participation in these movements. On the basis of the Kerala Freedom Fighters' Pension Rules, the State Government found all the petitioners entitled to get pension under the above mentioned scheme and Exts. P1, P6 and P8 orders were issued granting pension. 3. First petitioner is aged 90 years. He is a freedom fighter who took part in various struggle organised in connection with the freedom movement in the erstwhile Malabar area along with Shri. K. Kelappan and other freedom fighters and leaders from the year 1929 onwards. It is his case that he was arrested in connection with 'Uppusathyagraha' launched on the seashore at Kozhikode in the year 1930. In connection with that case, he was in jail for three months. Thereafter, on many occasions he had been arrested and detained in prison. 4. Second petitioner is aged 71. He was also participated in the National Movement from his very young age. In connection with that case, he was in jail for three months. Thereafter, on many occasions he had been arrested and detained in prison. 4. Second petitioner is aged 71. He was also participated in the National Movement from his very young age. It is stated, he took part in the Quit India Movement led by Mahatmaji in the year 1942. He was taken into custody by Thamarasseri Police for his participation in the freedom struggle and was kept in custody. On 28-11-1943 he was convicted by the Magistrate Court, Kozhikode and sentenced to undergo imprisonment for one month. He underwent the sentence and was released on 24-2-1943. After release from the jail, he continued his political activities and took part in the agitation in connection with the freedom movement. While underground he had regularly distributed Swathanthra Bharatha Paper and other anti British leaflets, organised and educated people the necessity of freedom. 5. Third petitioner is aged 71. He also took part in the National movement while he was a student from the year 1936 onwards. He took part in the Mahi Liberation Movement. He also took part in the Quit India Movement. He was arrested by the police several times and detained in the lock up and in the jail. He went underground and organised freedom struggle from the years 1943 to 1946. 6. First petitioner submitted an application before the Government of India for getting the benefit of the Swatantrata Sainik Samman Pension. However, the application was rejected by the first respondent as per Ext. P2 communication dated 30-1-1986 stating that the first petitioner's case does not come under the purview of the said Scheme, since he had not produced any acceptable documentary evidence relating to his sufferings. It was also stated the State Government did not recommend his case. After issuing Ext. P2, State Government found the first petitioner is entitled to get the benefit of the Kerala Freedom Fighters' Pension. Later, first petitioner submitted Ext. P4 application before the District Collector, Wayanad. Application was considered by the District Collector and forwarded the same to the Stale Government. After issuing Ext. P2, State Government found the first petitioner is entitled to get the benefit of the Kerala Freedom Fighters' Pension. Later, first petitioner submitted Ext. P4 application before the District Collector, Wayanad. Application was considered by the District Collector and forwarded the same to the Stale Government. The District Advisory Board, Wayanad considered the claim of the first petitioner and found him eligible for getting the pension and the Advisory Committee sent a letter dated 19-11-1990, to the second respondent enclosing the certificates issued by well known freedom fighters such as K. A. Keralayeen and K. Vasu Menon who were recipients of S. S. S. Pension granted by the Central Government. 7. Second Petitioner who is also a recipient of the Kerala Freedom Fighters' Pension submitted an application for pension under the S. S. S. Pension Scheme before the first respondent on 8-12-1973. Along with the application, he sent certificates from Damodaran Nair, Ulliyeri and U. P. Kunjirama Kurup, Ex. M. L. A. who are well known freedom fighters and recipients of pension under S. S. S. Pension Scheme. Since no action has been taken, 2nd petitioner sent another application. Later 2nd respondent issued a communication to the 2nd petitioner directing him to produce documents to prove his arrest and detention. Records relating to imprisonment of the 2nd petitioner in the Kozhikode Jail during the year 1943 were produced. However, no action has been taken. Second petitioner submitted yet another application dated 1-11-1995 followed by representation dated 24-1-1996 before the Honourable Chief Minister of Kerala. To the knowledge of the 2nd petitioner, the 2nd respondent has not recommended and forwarded his application to the first respondent so far. 8. Third petitioner also a recipient of the Kerala Freedom Fighters' Pension under the Kerala Freedom Fighters' Pension Rules. He also submitted an application on 16-9-1995 before the District Collector, Wayanad and the same was rejected by the District Collector on the ground that the 3rd petitioner did not produce the documents to prove that he had undergone imprisonment in connection with National Freedom struggle. 9. It is under the above mentioned circumstances, petitioners have approached this court, praying for a writ of mandamus directing the 2nd respondent to recommend and forward the applications filed by the petitioners for S. S. S. Pension to the first respondent. 9. It is under the above mentioned circumstances, petitioners have approached this court, praying for a writ of mandamus directing the 2nd respondent to recommend and forward the applications filed by the petitioners for S. S. S. Pension to the first respondent. It is unfortunate that the Stale Government is not considering the applications submitted by various freedom fighters in an objective manner. State Government have already found that the petitioners are political sufferers who had participated in the national movement for the emancipation of the country during the thirties and forties of the century. After having found that the petitioners took part in various national movements at the time of freedom struggle, the Government should not have rejected the application without conducting any enquiry. The State has got a duty to conduct an independent enquiry rather than directing the petitioners to produce all documents. Petitioners are elderly citizen of this country of whom one is aged 90. It is too much to expect those elderly persons to go here and there to collect materials. 10. As rightly held by the Supreme Court, it is common knowledge that those who participated in the freedom struggle either at the national level or in the State level, are scattered all over the country and most of them may even be inhabiting the remotest parts of the rural area. Many of them must have now grown pretty old, if they are alive Where the freedom fighters are not alive and their widows and the unmarried daughters have to prefer claims, the position may still be worse with regard to their knowledge of the prescribed date. The Scheme has been introduced by the Central Government will the genuine desire to assist and honour those who had given the best part of their life for the country as held by the Supreme Court in Mukund Lal Bhandari v. Union of India ( AIR 1993 SC 2127 ). Supreme Court held, in fact, the Government, if it is possible for them to do so, should find out the freedom fighters or their dependants am approach them with the pension instead of requiring them to make applications for the same. That would be the true spirit of working out such Schemes. 11. With this objective in mind, the State Government ought to have considered the applications submitted by the petitioners for S. S. S. Pension. That would be the true spirit of working out such Schemes. 11. With this objective in mind, the State Government ought to have considered the applications submitted by the petitioners for S. S. S. Pension. While issuing Ext. P5 and P9 orders the State Government as well as the District Collector, Wayanad, lost sight of object and purpose of the Scheme. By Ext. P5 communication dated 30-8-1995 the State Government has directed the first petitioner, who is admittedly a freedom fighter, to produce jail records. It is not the duty of the petitioner alone, but it is the duty of the State to conduct their own enquiries, to find the details of freedom fighters. In this case it is all the more so because the State Government themselves found that the petitioners are entitled for Kerala Freedom Fighters' Pension. It is unfortunate that the Government is forgetting the true scope and spirit of the scheme after having found that the petitioners are entitled to the benefit of the freedom fighters pension under the Kerala Freedom Fighters Rules. It is incumbent upon the State Government to conduct their own independent enquiry rather than directing those elderly persons to find out jail records. 12. I have, therefore, no hesitation in setting aside Exts. P5, P8 and P9 orders. I order accordingly. State Government as well as District Collector, Wayanad are directed to consider the applications submitted by the petitioners and make an enquiry, collect materials, and forward the same to the Central Government, forthwith. Considering the fact that the first petitioner is 90 years of age and the other two petitioners have passed 70 years of age, I think it is a proper case where I should fix a time limit. Accordingly, there will be a direction to the second respondent as well as the District Collector, Wayanad to complete all the formalities within a period of one month from the date of receipt of a copy of this judgment and forward their applications with all materials to the first respondent. The O. P. is allowed to the above extent.