IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 25817 of 2006(W) --------------------------------------- PETITIONERS: --------------------- 1. VELU MADHAVAN, AGED 92, PARACHERIL, MUHAMMA P.O., ALAPPUZHA. *(DIED). *ADDL.P.2. BHARGAVI, AGED 79, W/O. VELU MADHAVAN, PARACHERIL HOUSE, MUHAMMA.P.O., CHERTHALLA. *IS IMPLEADED AS ADDL. 2ND PETITIONER AS PER ORDER DATED 23/07/2008 IN I.A. NO. 9507/2008. BY ADV. SRI.J.OM PRAKASH. RESPONDENTS: ----------------------- 1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. SMT.A.SREEKALA, ADDL.CGSC FOR R1. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.25817/2006-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPLICATION OF THE PETITIONER DTD. 09/03/98. EXT.P.2: COPY OF THE ORDER OF THE DISTRICT COLLECTOR, ALAPPUZHA DTD. 23/10/72. EXT.P.3: COPY OF THE REPORT NO. 12585/72 DTD. NIL OF THE TAHSILDAR, CHERTHALA ON THE APPLICATION OF THE PETITIONER. EXT.P.4: COPY OF THE LETTER OF THE DISTRICT COLLECTOR, ALAPPUZHA DTD. 23/10/2003. EXT.P.5: COPY OF THE REVIEW PETITION DTD. 22/11/2005. EXT.P.6: COPY OF THE CERTIFICATE ISSUED BY THE SUPERINTENDANT, CENTRAL PRISON, THIRUVANANTHAPURAM DTD. 26/10/2005. EXT.P.7: COPY OF THE REPRESENTATION DTD. 06/01/2006. EXT.P.8: COPY OF THE CERTIFICATE OF THE SUPERINTENDANT, SPECIAL SUB JAIL, ALAPPUZHA, DTD. 16/12/2005. EXT.P.9: COPY OF THE APPLICATION IN C.C. NO. 8/1124 AND THE ORDER PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT NO.1, CHERTHALA DTD. 24/11/2005. EXT.P.10: COPY OF THE THAMRAPATHRAM ISSUED TO THE PETITIONER. EXT.P.11: COPY OF THE ORDER ISSUED BY THE UNDER SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI DTD. 18/08/2006. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. T.R.RAMACHANDRAN NAIR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C). No.25817/2006-W ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 23rd day of July, 2008 J U D G M E N T The additional petitioner herein is the wife of the petitioner who died pending writ petition. He was an applicant for grant of Swatantrata Sainik Samman Pension under the relevant scheme. The writ petition is filed challenging Ext.P11 order by which the Government of India rejected the application of the petitioner for grant of S.S.S pension. The rejection was mainly for the reason that primary evidence was not produced in respect of the claim, and the State Government has not recommended the application. 2. The original petitioner was an active participant in the Punnapra-Vayalar struggle. It is stated that he was an accused and an arrest warrant was issued against him and in order to evade arrest, he went underground for six months. Later, he was arrested by the police and the First Class Magistrate, Cherthala, convicted him and sentenced him for six months' imprisonment in C.C.No.8/124 M.E. During the trial, he was in Sub Jail, Alappuzha for three months and after the conviction, he was imprisoned in W.P.(C).No.25817/2006-W -:2:- the Central Jail, Thiruvananthapuram. Thus, the total period of imprisonment will be nine months. Ext.P1 is the application for pension. Ext.P2 is the order granting State pension by the District Collector, Alappuzha. This was for participation in the same movement. Ext.P3 is the copy of the report forwarded by the Tahsildar recommending the application for State pension. In column (1) of Ext.P3 it is clearly recorded that the applicant is a participant of Punnapra-Vayalar struggle and he has undergone imprisonment for a total period of eight months. Earlier, the State Government by Ext.P4 refused to recommend the application of the petitioner for S.S.S pension. The original petitioner filed a review petition along with certificate of the Superintendent, Central Prison, Thiruvananthapuram. The review petition is marked as Ext.P5 and the true copy of the certificate issued by the Superintendent, Central Prison, Thiruvananthapuram, is marked as Ext.P6. Ext.P7 is a further representation to the State Government, forwarding Non-Availability of Records Certificate (N.A.R.C) from the Judicial First Class Magistrate Court, Cherthala, and the Superintendent, Sub Jail, Alappuzha. W.P.(C).No.25817/2006-W -:3:- 3. It is clear from the proceedings that the State Government did not consider Ext.P6 while forwarding recommendation to the Central Government. There is no reference to Ext.P6 in the body of Ext.P11, especially in paragraph (5)(v), where the letter dated 22/07/2006 of the State Government is mentioned. The reason that there is no primary evidence in this case is not correct, in the light of the certificate Ext.P6. Ext.P6 shows that the original petitioner was convicted and sentenced to six months by the First Class Magistrate, Cherthala in C.C.No.8/124 and he had undergone the sentence and was released on 08/11/1124 (ME) on expiry of sentence. 4. Since, primary evidence is available in the form of Ext.P6, I find that the action of the State Government in not recommending the application is not correct. Therefore, Ext.P11 is quashed. The second respondent is directed to forward a fresh Verification-cum-Entitlement Report showing the recommendation, after considering Ext.P6, within a period of six weeks from the date of receipt of a copy of this judgment, to the first respondent. On receipt of the recommendation from the State Government, the W.P.(C).No.25817/2006-W -:4:- Central Government will process the application afresh and pass final orders within a further period of two months thereafter. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, Judge ms