IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 6510 of 2007(Y) ----------------------------------- PETITIONER: ----------------- PADMAKSHY KESAVAN, AGED 77, VADAKUPURATH KARIYIL, THANNEERMUKKOM P.O., CHERTHALA, ALAPPUZHA. BY ADV. SRI.J.OM PRAKASH RESPONDENTS: ----------------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, THIRUVANANTHAPURAM. BY ADV. SRI.P.K.BABU, ADDL.CGSC GOVERNMENT PLEADER SMT. T.B. REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 6510/2007 Y APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE LETER OF THE DIST. COLLECTOR, ALAPPUZHA DT. 4/08/73 ASKING TO RECEIVE THE THAMRAPATHARAM. EXT.P2. COPY OF THE ORDER GRANTING STATE PENSION ISSUED BY THE DIST. COLLECTOR, ALAPPUZHA DT. 16/07/72. EXT.P3. COPY OF THE CERTIFICATE ISSUED BY THE SUB JAIL SUPERINTENDENT, ALAPPUZHA DT. 07/07/73. EXT.P4. COPY OF THE APPLICATION AND THE ORDER IN PE NO. 8/1122 OF THE CJM COURT, ALAPPUZHA DT. 16/10/2006. EXT.P5. COPY OF THE APPLICATION BY ONE K.C. SUNDARAM AND THE ORDER IN THE ABOVE APPLICATION DT. NIL BY THE CJM COURT ALAPPUZHA. EXT.P6. COPY OF THE REVIEW PETITION DT. 20/4/2005. EXT.P7. COPY OF THE CO-PRISONER CERTIFICATE BY SRI. P.A. SOLOMON EX.MP DT. 16/4/2005. EXT.P8. COPY OF THE ORDER OF THE UNDER SECRETARY TO GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, DT. 17/7/06. EXT.P9. COPY OF THE REPORT NO. D4. 261/71 OF THE TAHSILDAR, SHERTHALLAI DATED NIL. EXT.P10. COPY OF THE LETTER OF THE UNDER SECRETARY TO GOVT. OF INDIA DT. 28/1/2004. EXT.P11. COPY OF THE LETTER OF THE UNDER SECRETARY TO GOVT. OF INDIA DT. 3/2/2005. EXT.P12. COPY OF THE JUDGMENT IN WPC NO. 19261/2005 DT. 31/1/06. RESPONDENT'S EXHIBITS NIL. True copy tga T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)NO.6510 of 200-Y - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of February, 2008. JUDGMENT The petitioner is the widow of late K. Kesavan who was a freedom fighter and who had actively participated in the Punnapra-Vayalar Struggle. He was arrested by the police in connection with case No.P.E.8/1122 M.E. as he was an accused in that case. He was kept as an under trial prisoner in the Alappuzha Sub Jail from December 1946 to September 1947. 2. The petitioner was a recipient of 'Thamrapathra' which is evidenced by Ext.P1. He was also granted pension under the scheme framed by the State Government which is evidenced by Ext.P2 dated 16.7.1972. He died in the year 1984. 3. The petitioner submitted an application for SSS Pension on 4.5.1998. The application of the petitioner was accompanied by the various certificates and NARCs issued by the Sub Jail Superintendent, Alappuzha and by the C.J.M. Court, Alappuzha. The co-prisoner's certificate issued by Shri P.A. Solomon Ex. M.P. was also produced. But for want of proof, the application was rejected. The petitioner again filed a petition, marked as Ext.P6 to review the same along with a co-prisoner's certificate in the WPC 6510/2007 -2- prescribed form, issued by Shri P.A. Solomon Ex.M.P. That was also rejected by the Central Government as per Ext.P8. 4. In Ext.P8, it is noticed that the recommendation by the State Government is negative and accordingly it was held that the claim does not meet the eligibility criteria and evidentiary requirements of the scheme. The petitioner has produced herein as additional evidence Ext.P9, a true copy of the report of the Tahsildar, Cherthala while recommending the application for State pension. Against column No.1, it is recorded that the applicant has participated in the Punnapra Vayalar Struggle and undergone imprisonment for 10 months. Relying upon the endorsements, learned counsel for the petitioner submits that the approach made by the State Government in not recommending the case for Central Pension, is not correct. It is also submitted that at this distance of time the records showing the under trial imprisonment may not be available and that has resulted in non production of the same. But it is submitted that once the Tahsildar and the District Collector had processed the application for State pension based on the same suffering, there is no justification for not recommending the application for SSS pension. 5. As directed by this court, learned Govt. Pleader made available the original file leading to Ext.P9. The same contains the report containing WPC 6510/2007 -3- recommendation for State pension. The order sanctioning the pension which is part of the original of Ext.P9, contains an endorsement which reads as follows: “He participated in Punnapra Vayalar struggle. He was in custody for more than six months. His name appears in the police list as item No.74, category 4. This is also testified by Shri Paraman, Member. Sanctioned. Signed. 18..1972.” 6. Obviously, the above endorsement was made with reference to the official records available with the District Collector which shows that he was in custody for more than six months which is sufficient for considering grant of SSS pension also. It is evident, therefore, that while forwarding the verification-cum-entitlement report, the above document and the details therein as noted above, was not verified by the District Collector while sending the report to the State Government and thus this aspect was lost sight of by the State Government also. Therefore, I find that this is a matter which requires serious consideration at the hands of the authorities of the State Government and the District Collector, Alappuzha. Therefore, there will be a direction to the second respondent to forward a fresh verification-cum-entitlement report after examining the original file maintained by the District Collector, Alappuzha which contains the endorsement as noted above. When the WPC 6510/2007 -4- official document itself mentions above the facts as noted above, the importance of the same cannot be lost sight of. The State Government is directed to forward the report showing the recommendation, within a period of six weeks from the date of production of a copy of this judgment. 7. Ext.P8 is therefore quashed. The first respondent is directed to reconsider the matter afresh on the basis of the fresh report forwarded by the State Government. A decision on the application will be taken within a further period of two months and if pension is sanctioned, the entitlement of the petitioner for arrears with effect from the date of receipt of the application, will also be considered. The original petition is disposed of in the above terms. (T.R. Ramachandran Nair, Judge.) kav/ WPC 6510/2007 -5- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No. - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 15th February, 2008.