IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 14TH MARCH 2008 / 24TH PHALGUNA 1929 WP(C).No. 4242 of 2007(E) ---------------------------------- PETITIONER: ----------------- P.K. BAVA, THAIPARAMBIL VEEDU, PAZHAVEEDU VILLAGE, KAITHAVANA EAST, SANATHANAPURAM P.O.,ALAPPUZHA-3. BY ADV. SRI.K.K.SATHEESH RESPONDENTS: ----------------------- 1. UNION OF INDIA, REPRESENTED BY THE UNDER SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS' DIVISION, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI-110 003. 2. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.T.P.SAJID, ADDL.CGSC GOVERNMENT PLEADER SMT. T.B. RAMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 4242/2007E APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE ORDER NO. R.DIS 7260/72 DT. 4/5/73 ISSUED BY THE DIST. COLLECTOR. EXT.P2. COPY OF THE APPLICATION DT. 20/4/98 SUBMITTED BY THE PETITIONER. EXT.P3. COPY OF THE PKC ISSUED BY SRI. KUNJAN SUKUMARAN DT. 18/4/98. EXT.P4. COPY OF THE COMMUNICATION DT. 25/7/2001 ISSUED BY THE DIST. COLLECTOR, ALAPPUZHA. EXT.P5. COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER DT. 7/8/2001. EXT.P6. COPY OF THE PKC ISSUED SRI. NARAYANAN RAMANKUTTY DT. NIL. EXT.P7. COPY OF THE COMMUNICATION NO. H3-30278/02/D.DIS DT, 13/11/02 BY THE DIST. COLLECTOR, ALAPPUZHA. EXT.P8. COPY OF THE REPRESENTATION DT. 18/3/2005 BY THE PETITIONER TO THE DIST. COLLECTOR, ALAPPUZHA. EXT.P9. COPY OF THE NARC ISSUED BY CJM COURT, ALAPPUZHA IN CASE NO. P.E. 7/1122 ME. EXT.P10. COPY OF THE PKC ISSUED BY SRI. H.K. CHAKRAPANI DT. 20/2/2005. EXT.P11. COPY OF THE JUDGMENT DT. 10/07/06 OF THIS COURT IN WPC NO. 17278/05. EXT.P12. COPY OF THE LETTER ISSUED BY THE R1 DT. 17/11/2006 VIDE NO. 52/CC/K/148/2005FF(SZ). EXT.P13. COPY OF THE REVIEW PETITION SUBMITTED BY THE PETITIONER TO THE R1 DT. 7/12/2006. RESPONDENT'S EXHIBITS NIL. True copy tga T.R.RAMACHANDRAN NAIR, J. ======================= WP(C).No. 4242 of 2007-E. ======================= Dated this the 14th day of March, 2008. J U D G M E N T The petitioner is aggrieved by Ext.P12 order passed by the first respondent rejecting the application for Swatantrata Sainik Samman Pension. The petitioner is a freedom fighter who had actively participated in the Punnapra – Vayalar struggle. On account of his participation in the said struggle an arrest warrant was issued against him in Case No.PE 7/1122 ME by the Special Magistrate Court, Alappuzha. In order to evade the arrest he had gone underground for the period of about one year from October, 1946 to September, 1947. Ext.P1 shows that he is the recipient of State pension. Ext.P2 is the application for grant of SSS pension. Ext.P3 is the personal knowledge certificate (PCK) issued by Sri.Kunjan Sukumaran. Ext.P6 is the personal knowledge certificate issued by Sri.Narayanan Ramankutty and Ext.P10 is the WP(C).No. 4242 of 2007-E. -: 2 :- personal knowledge certificate issued by Sri.H.K.Chakrapani. Earlier his application was rejected by Ext.P7. Thereafter he filed a fresh representation and produced the non availability of record certificate (NARC) from the Chief Judicial Magistrate Court, Alappuzha and the personal knowledge certificate issued by Sri.H.K.Chakrapani. By Ext.P11 judgment this Court directed the first respondent to consider the matter afresh. Ext.P12 shows that the State Government has recommended his application for grant of SSS pension. 2. The application is rejected mainly on the ground that he had not furnished evidence from the official records or other acceptable documents to substantiate his underground sufferings and he had not submitted valid NARC from the State Government. Finally it is concluded that in the absence of a valid NARC; PKC from the certifiers are not acceptable. The learned counsel for the petitioner submitted that when the State Government has recommended his application it cannot be rejected on the ground that the NARC is not valid. Reliance was placed on the judgment of this Court in WP(C).No. 4242 of 2007-E. -: 3 :- OP.No.7749/2000. The relevant portions are extracted below: “The only point raised in the counter affidavit is non-production of non-availability records certificate (NARC) from State Government. After considering NARC from the Judicial First Class Magistrate's Court and after considering the two certificates issued from the veteran freedom fighters and on local verification through District Collector, State Government recommended pension from the SSS Scheme. After recommendation from State Government it cannot be rejected mainly on the ground that NARC was not given by the State Government. The proof required to be given etc. are explained by the Supreme Court in Mukund Lal Bhandari and others. v. Union of India and others (AIR 1993 SC 2127). The SSS pension scheme itself also intends to help them who have given their best part of their lives for the country and in view of Exts.P1, P6 and P7, there is no justice for denial of pension in this case. Therefore, I allow the original petition holding that denial of pension under the Swatanthrata Sainik Samman Pension Scheme, 1980 to the petitioner is illegal and set aside Ext.P4.” 3. In the light of the above, the stand taken in Ext.P12 that the NARC is not valid is not correct. The other issue is regarding the personal knowledge certificates relied upon. No objection is taken in Ext.P12, in respect of the certificate produced from Sri.H.K.Chakrapani, who is a competent certifier. Hence even though primary evidence has not been made available when there WP(C).No. 4242 of 2007-E. -: 4 :- is an acceptable personal knowledge certificate alone with a valid NARC, the eligibility stands established. The judgment in OP.No.7749/2000 quoted above also supports my view. He is receiving State Pension for participation in the same freedom struggle. Hence Ext.P12 stands quashed. 4. The first respondent is directed to sanction pension in accordance with the SSS Pension Scheme to the petitioner. Appropriate orders shall be passed within six weeks from the date of receipt of a copy of this judgment. While sanctioning pension the claim for arrears from the date of receipt of application dated 20.4.1998 will also be considered. The Writ Petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-