IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 OP.No. 35120 of 2000(E) ----------------------- PETITIONER(S): --------------- K.K. KRISHNAN VAIDYAN, KRISHNALAYAM, CHERIYAZHEEKAL P.O., KARUNAGAPPALLY, KOLLAM. [DIED] VANAJAKSHY, W/O. LATE K. KRISHNAN VAIDYAN, KRISHNALAYAM, CHERIYAZHEEKAL P.O., KARUNAGAPPALLY, KOLLAM DIST. ADDL. 2ND PETITIONER IS IMPLEADED AS PER ORDER IN I.A.NO. 1580/2003 DT. 23-3-2009. BY ADV. SRI.N.DHARMADAN, SENIOR ADVOCATE SRI.BOBY GEORGE.V. SRI.N.DHARMADAN, SENIOR ADVOCATE SRI.ARAVINDA KUMAR BABU T.K. RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (F.F.P.B) DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. DISTRICT COLLECTOR, KOLLAM, CHAIRMAN OF THE ADVISORY COMMITTEE FOR FREEDOM FIGHTERS, OFFICE OF THE COLLECTORATE, KOLLAM. GOVERNMENT PLEADER SMT. SMITHA SUKUMAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 35120/2000. --------------------------------------------------------------- EXT.P1 TRUE COPY OF APPLICATION DST. 18-12-1995. EXT.P1(a) CERTIFICATE DT. 7-7-1998. EXT.P1(b) DO. DT. 27-3-88. EXT.P1(c) DO. DT. 20-9-81. EXT.P1(d) DO. DT. 20-9-81. EXT.P1(e) REPORT DT. 29-6-1996. EXT.P2 MINUTES DT. 5-9-1996. EXT.P2(a)LIST DT. 21-8-96. EXT.P3 REPRESENTATION DT. 20-10-97. EXT.P4 LETTER DT. 14-1-98. EXT.P5 APPEAL DT. 11-8-98. EXT.P6 LETTER DT. 31-7-99. EXT.P7 LETTER DT. 28-3-84. EXT.P8 JUDGMENT IN O.P.10501/97. EXT.P9 LETTER DST. 25-5-99. EXT.P10 MEMORANDUM DT. 12-7-99. EXT.P11 MINUTES DT.18-10-99. EXT.P12 EXTRACT OF MINUTES DST. 14-3-1999. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 35120 of 2000 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 23rd March, 2009. J U D G M E N T The petitioner, Sri. Krishnan Vaidyan, filed this original petition challenging Exts.P.4 and P9 orders whereby, the petitioner's application for freedom fighters' pension under the Freedom Fighters Pension Rules of the State Government has been rejected. According to the petitioner, the petitioner participated in the Quit India Movement, which is part of the freedom struggle as a result of which he was forced to remain underground for the period from 18-8-1942 to 31-3-1943, which, according to the petitioner, would qualify him for freedom fighters' pension. In support of his application for pension, the petitioner submitted Exts.P1(a), P1(b), P1(c) and P1(d) certificates from M/s. Ummini Raghavan, V.K. Karunakaran, K. Gopinathan and S. Kumaran. According to the petitioner, M/s. Ummini Raghavan, V.K. Karunakaran and K. Gopinathan had actually suffered imprisonment for more than 5 years and they are competent certifiers for the purpose of sanctioning freedom fighters' pension to others, about whom, they had personal knowledge. The petitioner would submit that as stated by him in Ext. P3 representation before the Chief Minister, he had originally applied for pension before the Central Government in 1981 and subsequently, when he knew about the necessity to file separate application before the State Government, he obtained the certificates and filed the application. The petitioner would submit that as is clear from Exts. P7 and P8, Sri. V.K. Karunakaran was the eligible certifier. It is further submitted by the petitioner that Sri. Ummini Raghavan is also a competent certifier in so far as he is receiving central pension. It is also submitted that Sri. K. Gopinathan is a 'Thamrapathra' holder, who is also receiving Central pension. Therefore, according to the petitioner, he has satisfied the conditions of eligibility and hence the petitioner is O.P No. 35129/2000 -: 2 :- entitled to pension as prayed for. 2. With the help of a counter affidavit, the learned Government Pleader opposes the prayers of the petitioner. According to the learned Government Pleader, Sri. V.K. Karukanaran died in 1994 and the petitioner has filed his application in 1995 producing the certificate of Sri. V.K. Karunakaran issued in 1988, which cannot be accepted. The learned Government Pleader also disputes the eligibility of the others as qualified certifiers. 3. I have considered the rival contentions in detail. 4. At the outset, I am constrained to say that the approach of the Government in the matter is totally unsatisfactory. Neither in Ext. P4 nor in Ext. P9 is there any specific reason as to why the petitioner's certificates could not be accepted. They have not stated that the persons whose certificates the petitioner has produced, are not qualified certifiers. At least in the case of Sri. V.K. Karunakaran, by virtue of Ext. P7 order of the Government and Ext. P8 judgment of this Court, it is clear that he was a qualified certifier. The respondents have no case that Ext. P1(b) certificate issued by Sri. V.K. Karunakaran does not bear his signature. Their only contention is that Ext. P1(b) is dated 27-3-1988 and since the petitioner submitted the application in 1995, it cannot be accepted since Sri. V.K. Karunakaran died in 1994. I am of opinion that such a contention has to be decided in the light of Ext. P3 representation of the petitioner to the effect that the petitioner has been seeking pension from 1981 onwards before various authorities. In both Ext. P1(a) and P1(c), both Ummini Raghavan and K. Gopinathan certified that they had suffered actual imprisonment for more than 5 years. Sri. Ummini Raghavan has stated his convict number also in the certificate. It is common knowledge that in the matter of freedom fighters, after all these O.P No. 35129/2000 -: 3 :- years, it may not be possible for freedom fighters to produce certificates with mathematical exactitude in relation to the time of issue of certificate, time of death of the certifier etc. It is with great difficulty that such freedom fighters obtain certificates. They also suffer from incapacities on account of old age. In view of these circumstances and in view of the fact that the respondents have not given specific reasons in the impugned orders, the certificates produced by the petitioner have to be accepted as sufficient for the purpose of granting pension to the petitioner. 5. In the above circumstances, I direct the 1st respondent to accept the certificates produced by the petitioner as sufficient to prove his eligibility for freedom fighters' pension and pass appropriate orders as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. 6. I note that subsequent to the filing of the original petition, the petitioner died and his wife has come on record as legal heir. Arrears of pension due to the deceased petitioner shall be paid to the additional 2nd petitioner, who has come on record. As widow of the freedom fighter, the additional 2nd petitioner would be eligible for continued payment of pension also, if she is so eligible as per the scheme applicable. The original petition is allowed as above. Sd/- S. Siri Jagan, Judge. Tds/