IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 WP(C).No. 7402 of 2006(F) ------------------------------------ PETITIONER(S): ---------------------- N.L.ROBERT, NADUVILAPARAMBIL, THUMPOLY.P.O, ALAPPUZHA DISTRICT. BY ADV. MR.K.K.SATHEESH RESPONDENT(S): -------------------------- 1. UNION OF INDIA, REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS DIVISION, LOK NAYAK BHAVAN, NEW DELHI-110 003. 2. STATE OF KERALA, REP. BY THE SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. MR.SAJU XAVIER T., CGC FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.7402/2006 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR ALLEPPEY VIDE ORDER NO.R.DIS. 4257/76/F6 DT. 29.1.76. P2:- COPY OF THE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR THE GRANT OF SSS PENSION DT. 16.6.98. P3:- COPY OF THE CERTIFICATE ISSUED BY SRI.P.A.SOLOMON EX-MP DT. 30.5.98. P4:- COPY OF THE CO-PRISONER CERTIFICATE ISSUED BY SRI.P.A.SOLOMON EX-MP IN THE PRESCRIBED FORM DT. 30.7.01. P5:- COPY OF THE NARC ISSUED BY THE SUPDT. OF SPECIAL SUB JAIL, ALAPPUZHA DT. 27.12.01. P6:- COPY OF THE NARC ISSUED BY THE CHIEF JUDICIAL MAGISTRATE COURT, ALLEPPEY. P7:- COPY OF THE JUDGMENT DT. 21.11.02 OF THIS HONOURABLE COURT IN OP. NO.34735/02. P8:- COPY OF THE COMMUNICATION NO.96488/FFP A2/2002/GAD DT. 1.2.03 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P9:- COPY OF THE JUDGMENT DT. 23-6.05 PASSED BY THIS HONOURABLE COURT IN OP. NO.12466/03. P10:- COPY OF THE ORDER PASSED BY THIS HONOURABLE COURT DT. 14.12.05 IN R.P. NO.628/2005 IN OS. 12466/03. P11:- COPY OF THE GOVT. LETTER NO.40686/FFP.A2/2003/GAD DT. 6.2.04 ISSUED BY THE 2ND RESPONDENT TO THE IST RESPONDENT. P12:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DT. 17.1.06. P13:- COPY OF THE LETTER NO.52/CC/KER/20/2001-FF (SZ) DT. 28.1.04 ISSUED BY THE IST RESPONDENT TO THE 2ND RESPONDENT. /TRUE COPY/ P.S. TO JUDGE tss HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.7402 OF 2006 ---------------------------- DATED THIS THE 30TH DAY OF JANUARY, 2009 JUDGMENT Petitioner was a freedom fighter, who had actively participated in the Punnapra-Vayalar Movement during the freedom struggle. On account of his participation in the said struggle, he had undergone imprisonment in the sub jail, Alappuzha for a period of more than six months from November, 1946 to May, 1947 in connection with Case No.P.E.7/1122 M E. Petitioner claimed that he is entitled to get the benefit of Swatantrata Sainik Samman Pension (SSS Pension). 2. The petitioner was a recipient of State pension. Ext.P1 is the order dated 29/1/1976 sanctioning State pension. Ext.P2 is the application submitted by the petitioner under the SSS pension scheme. Since Ext.P3 Co-prisoner certificate originally produced was not in the prescribed form, Ext.P4 certificate in the prescribed -2- W.P.(C).NO.7402/2006 form was also produced. Exts.P5 and P6 are the Non-availability of Records Certificate (NARC) issued by the Superintendent of Special Sub Jail, Alappuzha and the Chief Judicial Magistrate's Court, Alleppey respectively. Clause 9 of the Swatantrata Sanik Samman Pension Scheme is extracted below. “The applicant should furnish the documents indicated below whichever is applicable:- (a) Imprisonment/Detention etc. Certificate from the concerned jail authorities, District Magistrates or the State Government. In case of non-availability of such certificates co-prisoner certificates from a sitting M.P. or M.L.A. or from an ex-M.P. or an ex- M.L.A. specifying the jail period. (Annexure-I in the application form).” 3. Going by the Scheme the requirement of production of certificate stated in Clause 9(a) is satisfied on the basis of the documents submitted by the petitioner. In this case the petitioner produced co-prisoner certificate and NARC from the -3- W.P.(C).NO.7402/2006 Superintendent of Special Sub Jail, Alleppey. The State Government has passed Ext.P11 order stating that co-prisoner certificate issued by Sri P.A. Solomon, Ex-MP is not acceptable for want of documentary evidence based on official records to prove his claims and in the absence of the jail records of the certifier to prove his eligibility. In number of cases this Court examined the certificate issued by Sri P.A.Solomon, Ext-MP. This Court finds that Sri Solomon, Ex-MP is a recipient of central pension under the very same scheme, which shows that he has undergone imprisonment for a period of not less than six months. Therefore, other documents in support of the application need not be insisted upon. Therefore, the reason stated by the State Government in Ext.P11 for refusing to recommend the application cannot stand. 4. The eligibility of the applicant under the Scheme and the requirement under the Scheme are very elaborately considered by this Court in the judgment in W.P.(C). -4- W.P.(C).NO.7402/2006 No.15250/2005. The Scheme does not stipulate that the certifier shall undergo a fixed period of imprisonment. 5. In the circumstances, Ext.P11 is set aside. In view of Exts.P4, P5 and P6 certificates, the State Government is directed to forward their verification report after examining the materials on record, along with their entitlement to pension report (recommendation) to the Ist respondent, if the petitioner is found eligible, within a period of two months from the date of receipt of a copy of this judgment and on receipt of such report, the lst respondent shall pass appropriate orders within three months thereafter. It is needless to say that the petitioner is entitled to arrears of pension from the date of receipt of the application dated 16/6/1998, in case he is entitled to SSS Pension. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. Kcv.