IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WP(C).No. 25793 of 2005(U) -------------------------- PETITIONER(S): -------------- MERRY.T. THOMAS, W/O. LATE T.K. THOMAS THERAMPILLI HOUSE, NEAR RAILWAY STATION, CHALAKKUDY. BY ADVS. SRI.M.CHATHUKUTTY NAMBIAR SRI.RAJAKRISHNAN. K RESPONDENT(S): -------------- 1. THE DISTRICT COLLECTOR, TRICHUR. 2. THE SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE SECRETARY TO UNION OF INDIA MINISTRY OF HOME AFFAIRS, FF DIVISION, LOK NAYAK BHAVAN, NEW DELHI. R1 BY ADVS. SRI.P.R.RAMACHANDRA MENON, ADDL.CGSC SRI.P.J.PHILIP, C.G.C R2 BY GOVERNMENT PLEADER SRI.P.M.SANEER R3 BY ADV. SRI.P.PARAMESWARAN NAIR, ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2011, ALONG WITH W.P(C)NO.26489/2005 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV WPCNO.25793/2005 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : A PHOTOCOPY OF THE APPLICATION FOR FREEDOM FIGHTERS PENSION DATED 10-2-2002. EXT.P2 : A PHOTOCOPY OF THE GUIDELINE TO GRANT FREEDOM FIGHTERS PENSION DATED EXT.P3 : A PHOTOCOPY OF THE CERTIFICATE ISSUED BY M.N.NAIR DATED 7-2-2002. EXT.P4 : A PHOTOCOPY OF THE CERTIFICATE ISSUED BY M.N.NAIR WHO IS FAMOUS FREEDOM FIGHTER IMPRISONMENT FOR ABOUT 3 YEARS. EXT.P5 : A PHOTOCOPY OF THE CERTIFICATE ISSUED BY JAIL AUTHORITY TO SHOW M.N. NAIR UNDERWENT IMPRISONMENT. EXT.P6 : A PHOTOCOPY OF THE CERTIFICATE REGARDING THAMRA PATHRA ISSUED TO M.N. NAIR. EXT.P7 : A PHOTOCOPY OF THE CERTIFICATE ISSUED BY P.R.BALAN A CO-PRISONER, FREEDOM FIGHTER DATED 23-12-2002. EXT.P8 : A PHOTOCOPY OF THE COMMUNICATION FROM DISTRICT COLLECTOR WITH REGARD TO THAMRA PATHRA M.N.NAIR. EXT.P9 : A PHOTOCOPY OF THE CERTIFICATE ISSUED BY PRESIDENT KERALA STATE FREEDOM FIGHTERS ASSOCIATION DATED 9-6-2003. EXT.P10: A PHOTOCOPY OF THE LETTERFORM DISTRICT COLLECTOR TRICHUR TO PRODUCE ONE MORE CERTIFICATE FROM CO-PRISONER DATED 26-10-2002. EXT.P11: A PHOTOCOPY OF THE COMMUNICATION FROM JAIL SUPT. SUB JAIL IRINJALAKKUDA DATED 17-7-2002. EXT.P12: A PHOTOCOPY OF THE CERTIFICATE FROM JOSEPH PULINKOTTIL CO-PRISONER DATED 10-6-2003. EXT.P13: A PHOTOCOPY OF THE REPORT FROM DISTRICT COLLECTOR DATED 16-1-2003 TO THE SECRETARY. EXT.P14: A PHOTOCOPY OF THE LETTER FROM CHIEF MINISTER A.K. ANTONY DATED 21-4-2003 TO THE MLA TRICHUR. VPV WPCNO.25793/2005 EXT.P15: A PHOTOCOPY OF THE FORWARDING LETTER FROM PRINCIPLE SECRETARY TO DISTRICT COLLECTOR TO TRICHUR. EXT.P16: A PHOTOCOPY OF THE DEATH CERTIFICATE OF PETITIONER'S HUSBAND DISPORTED FREEDOM FIGHTER THOMAS. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE VPV B.P. RAY, J. - - - - - - - - - - - - - - - - - W.P.(C) No. 25793 of 2005 - - - - - - - - - - - - - - - - Dated this the 14th day of October, 2011. JUDGMENT The petitioner is the wife of late T.K. Thomas who was a freedom fighter. He has applied for the Freedom Fighters State Pension as well as the Swatantrata Sainik Samman Pension (Central Freedom Fighters Pension) since 1972. No final decision has been taken by the Government in this regard. 2. Heard the learned counsel for the petitioner and the learned Assistant Solicitor General. The learned counsel for the petitioner has given me a copy of the judgment in O.P. No. 30679 of 2000. 3. It has been repeatedly held by the Supreme Court that when freedom freighters are applying for pension, it is for the State Government to verify the same. As already all the documents may not be with them, the non availability of records certificate issued by the Jail authorities was considered and found that the contention of the petitioner are correct and by Ext.P13 State Government recommended for the grant of Central Pension. So, after verification of the matter by the State W.P.(C). No. 25793/2005 -:2:- Government and after finding that all the requirements under the scheme have been complied with, the request may not be rejected for non-production of non-availability of records certificate. 4. As per the guidelines, he has produced certificates to prove that he is a recipient of Thamra Pathra. He has also produced the certificate issued by the President of the Kerala State Freedom Fighters' Association dated 09.06.2003 to show his involvement in the freedom struggle. When the above certificates were handed over to the District Collector personally, the District vide Ext.P10 communication dated 26.10.2002 stated that in order to prove the involvement of the petitioner's husband in the freedom struggle either he has to produce the records or the certificates of any of the two freedom fighters who have suffered imprisonment at least for one year in the prescribed form. But the petitioner's husband had produced only one freedom fighter's certificate. Neither it is disputed at the Bar nor there is any iota of doubt to show that the petitioner's husband was a freedom fighter. 4. In the above circumstances, I direct the Central as well as the State Government to grant pension to the petitioner and W.P.(C). No. 25793/2005 -:3:- pension should be paid within three months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. sd/- B.P. RAY, JUDGE. rv W.P.(C). No. 25793/2005 -:4:- B.P. RAY, J. ----------------------------------------------------------- O.P.No. 13887 of 2002 ------------------------------------------------------------- Dated this the 20th day of September, 2011. JUDGMENT