IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 20TH FEBRUARY 2009 / 1ST PHALGUNA 1930 WP(C).No. 2085 of 2007(W) -------------------------------------- PETITIONER(S): ---------------------- LAKSHMIKUTTY, W/O.LATE A.M. CHANDRADEV, POKKALEVELY, VADACKAL, NOW RESIDING AT PLUTHENMADOM, PUNNAPRA P.O., ALAPPUZHA-4. BY ADV. MR.K.K.SATHEESH RESPONDENT(S): ------------------------ 1. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS' DIVISION, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-110 003. 2. STATE OF KERALA, REPRESENTED THE PRINCIPAL SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ALAPPUZHA. ADV. SMT.MOLLY JACOB, CGC FOR R1 GOVERNMENT PLEADER M.R.V.T.K.MOHANAN FOR R2 &3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/02/2009, ALONG WITH WPC. NO.34844 OF 2005 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.2085/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER NOP.H4-19994/93 DT. 25.3.93 ISSUED BY THE 3RD RESPONDENT. P2:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S LATE HUSBAND TO THE RESPONDENTS DT. 30.3.98. P3:- COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER'S LATE HUSBAND DT. 10.5.99. P4:- COPY OF THE DEATH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTHS & DEATHS, PUNNAPRA NORTH GRAMA PANCHAYAT DT. 15.9.04. P5:- COPY OF THE REPRESENTATION DT. 22.11.06 SUBMITTED BY THE PETITIONER. P6:- COPY OF THE PKC ISSUED BY SRI.H.K. CHAKRAPANI. P7:- COPY OF THE ORDER NO.119/PVS/104/99-FF)SZ) DT. 18.6.03 ISSUED BY THE IST RESPONDENT GRANTING SSS PENSION TO THE CERTIFIER. P8:- COPY OF THE EXTRACT OF CONVICT REGISTER OF CENTRAL PRISON, TRIVANDRUM ISSUED BY THE SUPDT. IN RESPECT OF SRI.H.K.CHAKRAPANI. P9:- COPY OF THE REJOINDER DT. 23.11.06 SUBMITTED BY THE PETITIONER. P10:- COPY OF THE NARC ISSUED BY THE CJM COURT, ALAPPUZHA. RESPONDENT'S EXHIBITS R2(a):- GOVT. LR. NO.35405/FFPA2/07/GAD DT. 6.8.07. /TRUE COPY/ P.A TO JUDGE tss HARUN-UL-RASHID, J. ---------------------------------------- W.P.(C) No. 34844 of 2005 and W.P.(C).No. 2085 of 2007 ---------------------------------------- Dated this the 20th day of February , 2009 JUDGMENT Petitioners' late husbands were freedom fighters who had actively participated in the Punnapra-Vayalar Movement during the freedom struggle. It is submitted that an arrest warrant was issued against them by the Special Magistrate Court Alleppey in case No.P.E.7/1122 ME and in order to evade the arrest, they had gone under ground for a period of more than seven months and as such they were entitled to get the benefit of “Swatahtrata Sainik Samman Pension” hereinafter referred to as the SSS Pension. 2. The petitioner's late husbands were recipients of the Kerala Freedom Fighters pension. Since the Punnapra -Vayalar struggle was recognised as a part of the National Freedom struggle for the purpose of grant of SSS Pension by the Government of India with effect from 20.1.1998 the claimants submitted applications for the purpose of grant of SSS Pension before the 1st respondent. Along with the application for SSS Pension they have also produced affidavits from the Magistrate Court Alappuzha , the Co-prisoner certificate issued by Sri.H.K.Chakrapani a freedom fighter , who had undergone imprisonment in the Central Prison , Trivandrum for a period of more than five years and also a recipient of the W.P.(C) 34844 of 2005 -2- & Connected cases State Penson and SSS pension and “Thamrapathra.” award holder. Besides these records they have also furnished valid Non-availability of Records Certificate issued by the authorities concerned and jail records of Sri.H.K. Chakrapani (certifier) issued by the Jail authorities of Central Prison, Trivandrum 3. Even though the petitioners have furnished all the required proofs as per the SSS Pension Scheme 1980 in order to substantiate their late husbands' underground sufferings in the Punnapra-Vayalar Struggle. It is alleged that the 2nd and 3rd respondents are protracting the process of taking their decision with regard to the recommendation of the petitioners' claim for the grant of SSS pension to the 1st respondent. 4. In the counter-affidavit of the 2nd respondent it is submitted that the non-availability of records certificates produced by the petitioners from the authorities concerned are not in the prescribed form. The periods that the petitioners' late husbands remained underground shown in the Personal Knowledge certificates differ from that of shown in the detention particulars issued by the jail authorities. Kerala Freedom Fighter's pension and Swatantrata Sainik Samman Pension are distinct and different Schemes. Kerala Freedom Fighters' pension is granted by State Government as per Kerala Freedom Fighters' pension Rules. It W.P.(C) 34844 of 2005 -3- & Connected cases differs from Swatantrata Sainik Samman pension rules. 5. Clause 9(a) of the SSS pension Scheme reads as follows: “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. 6. It is submitted by the counsel for the petitioners that the requirements under clause 9(a) are satisfied. The Co-prisoner certificates issued by the certifier is a recipient of Central Pension as well as the “Thamrapathra” award holder The said fact reveals that the certifier have undergone imprisonment for more than six months and hence no supporting documents in relation with the petitioners' late husbands' detention in the jail is necessary. Therefore there is no justification in not considering the applications by the State government and forwarding it to the Central government as enumerated in clause 10 of the SSS Pension Scheme. 7. This Court is also of the view that the requirements under clause 9(a) of the SSS pension scheme are satisfied and hence Ext.R2 (a) order rejecting the claim of the petitioner in in W.P.(C) No. 2085 of 2007 is quashed. W.P.(C) 34844 of 2005 -4- & Connected cases 8. There will be direction to the State Government to send the verification cum entitlement to pension report along with their recommendation as enjoined under clause 10 of the Scheme within one month from the date of receipt of a copy of this judgment. On receipt of those documents the 1st respondent shall consider and pass appropriate orders within 2 months thereafter . In the event of granting pension by the Central Government, it is needless to say that the petitioners are entitled to the same from the date of receipt of Ext.P2 application. In W.P.(C) 34844 of 2005 the date of Ext.P2 application is 27.4..1998 and in W.P.(C) 2085 of 2007 the date is 30.3.1998. These writ petitions are disposed of (HARUN-UL-RASHID, JUDGE) es. HARUN-UL-RASHID, J. --------------------------- W.P.(C) No. 34844 of 2005 and W.P.(C).No. 2085 of 2007 ---------------------------- JUDGMENT 20th February, 2009