IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 18TH MAY 2010 / 28TH VAISAKHA 1932 WP(C).No. 22632 of 2005(T) -------------------------- PETITIONER(S): --------------- MEENAKSHI, AGD 73 YEARS, W/O.LATE NARAYANAN, KANDTHI THARAYIL HOUSE, THURAVOOR NORTH, PARAYAKADU P.O. THAZHAPPUY, CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.M.P.KRISHNAN NAIR RESPONDENT(S): --------------- 1. UNION OF INDIA, REP. BY SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE UNDER SECRETARY TO GOVERNMENT OF INDIA, FREEDOM FIGHTERS DIVISION, MINISTRYOF HOME AFFAIRS, NEW DELHI. 3. THE STATE OF KERALA, REP. BY THE SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 4. THE DISTRICT COLLECTOR, ALAPPUZHA. ADV. SRI.JOHN VARGHESE, ASSISTANT SG FOR R1 & 2 SRI. T.P.M. IBRAHIM KHAN GOVERNMENT PLEADER SRI. K. RAMESH SRI.D.SOMASUNDARAM, ADDL.CGSC FOR R.1,2 SRI.TOJAN J.VATHIKULAM, ADDL.CGSC FOR R1&2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 22632/2005. -------------------------------------------------------------------- EXT.P1 TRUE COPY OF CERTIFICATE DT. 19-9-1981. EXT.P2 APPLICATION DT. 23-6-1998. EXT.P3 LETTER DT. 6-9-2001. EXT.P4 APPEAL DT. 13-9-2001. EXT.P5 JUDGMENT DT. 11-1-2002 IN O.P.NO. 6904/2002. EXT.P6 JUDGMENT DT. 19-11-2004 IN W.P.C.NO. 24371/2003. EXT.P7 LETTER DT. 25-2-2005. EXT.P8 LETTER DT. 13-6-2002. EXT.P9 JUDGMENT IN O.P.NO. 35698/2002. EXT.P10 LETTER DT. 21-8-2009. EXT.P11 LETTER DT. 14-9-2009. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 22632 of 2005 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 18th day of May, 2010. J U D G M E N T The petitioner is the widow of late N.K. Narayanan. Late Narayanan, while he was alive, filed an application for pension under the Swathanthra Sainika Samman Pension Scheme claiming that he was an accused in P.E. No. 10/1122 of the Special Magistrate's Court, Alappuzha and that Sri. N.K. Narayanan had gone underground for more than six months since warrant of arrest was pending against him and therefore he is entitled to pension under the SSS Pension Scheme. Narayanan's claim was rejected on the ground that he has not proved his claim as a freedom fighter. Ext. P8 is the communication from the Central Government to Sri. N.K. Narayanan rejecting his claim for pension. Subsequent to the death of Sri. Narayanan, his widow, the petitioner herein, is pursuing the claim of Sri. Narayananan for pension. She is challenging Ext. P8 order seeking the following reliefs: “(i) To call for the entire records of the petitioner's case leading to the issue of Ext. P8 based on recommendation of 3rd respondent vide No. 48569/FFPO A2/2002/GAD dated 24.4.2002 and quash the same; (ii) to issue a writ in the nature of mandamus or any other appropriate writ, order or direction declaring that the recommendation/Report of State Government vide No.48569/FFPO A2/2002/GAD dated 24.4.2002 is factually and legally incorrect, illegal and unsustainable; (iii) declare that the petitioner is entitled to get pension under the Freedom Fighters Pension Scheme (Swathanthra Sainika Samman Pension Scheme) on the basis of her late husband's participation in the Punnapra-Vayalar struggle and subsequent going underground as accused in Case No. PE 10/1122 ME of the Special Magistrate Court, Alappuzha, with retrospective effect from 1998 with arrears of pension and interest at market rate as also reasonable compensation for the humiliation and harassment meted out to her by the respondents; W.P.C. No. 22632/2005. -: 2 :- (iv) to issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondent to make immediate payment of pension to the petitioner under the Freedom Fighters Pension Scheme (Swathanthra Sainika Samman Pension Scheme) on the basis of her late husband's participation in the Punnapra-Vayalar struggle and subsequent going underground as accused in Case No. PE 10/1122 ME of the Special Magistrate Court, Alappuzha, with retrospective effect from 1998 with arrears of pension and interest at market rate as also reasonable compensation for the humiliation and harassment meted out to her by the respondents.” 2. A counter affidavit has been filed by the 3rd respondent stating that on verification of the claim of Sri. N.K. Narayanan as an accused in Case No. PE 10/1122 ME, it was found that Sri. N.K. Naranayan was not included as an accused in Case No. PE 10/1122 ME. In view of the said averment, I passed the following order on 9-4- 2010: “The petitioner claims that her late husband was a freedom fighter entitled to Freedom Fighters Pension as per the Swathanthra Sainika Samman Pension Scheme of the Government of India. Petitioner's husband had filed an application for the same. By Ext. P3 the State Government took a decision that since the name of the petitioner's husband is not included in the list of accused in criminal case P.E.No. 10/1122, the petitioner's husband is not entitled to Freedom Fighters Pension. Based on Ext. P3 decision, by Ext. P8 order, the Government of India also rejected the claim of the petitioner's husband for Freedom Fighters Pension. Petitioner's husband is no more. It is under the above circumstances the petitioner is pursuing the claim of her husband for Freedom Fighters Pension. According to the petitioner, petitioner's husband had filed an application along with the required documents which would go to show that the petitioner's husband was an accused in P.E.No. 10/1122, police issued a warrant against him and he was forced to go underground for one year from October 1946 to November 1947. In the counter affidavit of the 3rd respondent also it is specifically stated that the name of the petitioner's late husband is not seen included in the record of case No. PE 10/1122 ME available in the office of the 3rd respondent. That means that the 3rd respondent is in possession of the records of the case No. PE 10/1122 ME. If that be so, the 3rd respondent had a duty to produce a copy of that record which has not been done. In the above circumstances, the 3rd respondent is directed to produce before this Court a copy of the record W.P.C. No. 22632/2005. -: 3 :- referred to in paragraph 7 of the counter affidavit dated 17.07.2007.” Pursuant to the said order, the learned Government Pleader has produced the records relied on by the 3rd respondent along with a memo dated 15-5-2010. The first document therein is the list of accused in PE No. 10/1122 of Special Magistrate's Court, Alappuzha. In the same, three Narayanans are shown as accused. They are Edappurakkan Kandan Narayanan of Uzhuva Muri, Vayalar West, Velu Narayanan of Thaliaparambil, Vayalar and Krishnan Narayanan of Verithi Thara house, Vayalar. The address of Sri. Narayanan shown in his application is admittedly, N.K. Narayanan, Kandathi Tharayil House, Thuravoor North, Parayakadu P.O., Thazhappu, Cherthala. No Narayanan of that address is shown as an accused in the document now produced by the learned Government Pleader. The jail records of all the accused have also been produced along with the memo. The details of none of the accused tally with the petitioner's husband. Since the specific claim of Narayanan is that he was an accused in Case No. PE 10/1122, which has been disproved by the respondents by producing the official records relating to the said case, I do not think that I can countenance the claim of the petitioner for pension in respect of her husband late N.K. Narayanan as a freedom fighter. In the above circumstances, this writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/