IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 15200 of 2008(H) ------------------------------------- PETITIONER(S): ------------------------ KARTHIAYANI, W/O.LATE S.THANKAPPAN PULICHUVATTIL, KOMALAPURAM VILLAGE NORTH ARYAD P.O., ALAPPUZHA DT. BY ADV. SRI.K.K.SATHEESH RESPONDENT(S): ------------------------- UNION OF INDIA REPRESENTED BY THE UNDER SECRETARY, MINISTRY OF HOME AFFAIRS FREEDOM FIGHTERS' DIVISION, LOK NAYAK BHAWAN KHAN MARKET, NEW DELHI-110 003 ADV. SRI.ABRAHAM THOMAS, CGC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)NO.15200/2008 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, ALAPPUZHA VIDE ORDER NO.R.DIS. 125445/76/F6 DTD. 14.12.1976. P2:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S LATE HUSBAND FOR THE GRANT OF SSS PENSION TO THE RESPONDENTS DTD. 14.5.1998. P3:- COPY OF THE PKC ISSUED BY SRI.KUNJAN SUKUMARAN DTD. 28.4.1998. P4:- COPY OF THE PKC ISSUED BY SRI.S.DAMODARAN MLA DTD. 29.1.1974. P5:- COPY OF THE LETTER NO.SR/1030/98/H3 DTD. 4.8.1999 ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA TO THE STATE GOVT. P6:- COPY OF THE LETTER NO.H3-1030/00/SR DTD. 7.2000 ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA TO THE PETITIONER'S LATE HUSBAND. P7:- COPY OF THE NARC ISSUED BY THE CJM COURT, ALAPPUZHA. P8:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE STATE GOVT. DTD. 8.9.04. P9:- COPY OF THE JUDGMENT DTD. 16.8.07 PASSDED BY THIS HONOURABLE COURT IN WPC. 28800/04. P10:- COPY OF THE LETTER NO.90214/FFP.A2/2004/GAD DTD. 24.10.2007 ISSUED BY THE STATE GOVT. TO THE PETITIONER. P11:- COPY OF THE COMMUNICATION DTD. 17.1.2008 ISSUED BY THE RESPONDENT. P12:- COPY OF THE REVIEW PETITION SUBMITTED BY THE PETITIONER TO THE RESPONDENT DTD. 11.2.2008. TRUE COPY P.S. TO JUDGE tss THOTTATHIL B.RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.15200 of 2008-H = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 24th day of May, 2010. Judgment The petitioner sought relief by way of grant of SSS Pension claimed to be due to her late husband Sri.S.Thankappan who, according to her, had actively participated in the Punnapra-Vayalar Movement. The District Collector and the State Government had recommended the claim of the petitioner. However, as per the impugned order, the claim has been rejected on the ground that the State Government had not issued a valid NARC (Non-Availability of Record Certificate) in the following manner: “All concerned authorities of the State Government who could have relevant records in respect of the claim of the applicant, have been consulted and it is confirmed that the official records of the relevant time are not available.” WPC15200/08 -: 2 :- Obviously, therefore, this is only a technical matter and this Court had held in Suseela Chakrapani v. Union of India, 2009 (2) KLT SN 49 (Case No.53) that non-issuance of NARC from the State Government in the proper form cannot be treated as fatal to the application. Under such circumstances, the impugned order is set aside. In the light of Ext.P7 Non-Availability of Records Certificate issued by the Chief Judicial Magistrate, Alappuzha, the competent in the State Government shall issue a Non-Availability of Records Certificate in the manner quoted above within one month from now and forward the same to the competent in the Central Government. On receipt of such certificate, the respondents will allow the claim since no other objections are raised in Ext.P11 order. The writ petition allowed accordingly. THOTTATHIL B.RADHAKRISHNAN, JUDGE. Sha/0206