IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 WP(C).No. 29604 of 2003(Y) -------------------------------------- PETITIONER: ------------------ B.V.PAVITHRAN, BUNGLOW PARAMBU, KANJIRAMCHIRA WARD, ALLEPPEY-7 BY ADV. SRI.K.K.SATHEESH RESPONDENTS: ------------------------ 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 BY THE SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, THIRUVANANTHAPURAM BY ADV. SRI.ROJO JOSEPH THURUTHIPARA, CGC BY GOVERNMENT PLEADER SMT.T.B.RAMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.29604/2003 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE SALIENT FEATURES OF THE SSS PENSION SCHEME , 19080. EXT.P2:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR THE GRANT OF SSS PENSION DT. 20.4.1998. EXT.P3:- COPY OF THE NARC ISSUED BY THE CHIEF JUDICIAL MAGISTRATE OF ALLEPPEY. EXT.P4:- COPY OF THE PKC ISSUED BY SRI.NARAYANAN RAMANKUTTY DT. 1.4.2000. EXT.P5:- COPY OF THE JUDGMENT DT. 16.12.02 IN CP. NO.37969/02 OF THE HONOURABLE HIGH COURT. EXT.P6:- COPY OF THE COMMISSION NO.2826/FFP A2/2003/GAD DT. 14.3.03 ISSUED BY THE 23ND RESPONDENT TO THE PETITIONER. EXT.P7:- COPY OF THE LETTER NO.52/CC/KER/28/2002-FF(SZ) DT. 23.7.03 ISSUED BY THE IST RESPONDENT TO THE PETITIONER. EXT.P8:- COPY OF THE REVIEW PETITION SUBMITTED BY THE PETITIONER DT. 14.8.03. EXT.P9:- COPY OF THE AFFIDAVIT DULY ATTESTED BY THE JUDICIAL MAGISTRATE OF IST CLASS-II, ALAPPUZHA DT. 1.8.03. /TRUE COPY/ P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR, J. = = = = = = = = = = = = = = = WP(C).No.29604 OF 2003-Y. = = = = = = = = = = = = = = = Dated this the 4th day of January, 2008. J U D G M E N T The petitioner is a freedom fighter who had actively participated in the Punnapra Vayalar Struggle and he is a recipient of State pension. The petitioner submitted an application for grant of Swatantrata Sainik Samman Pension and produced necessary documents in support of his claim. But by Ext.P6 he was informed that the application does not satisfy the norms for SSS Pension due to three defects pointed out therein. The defects were that, (i) he has not furnished the affidavit duly attested by a First Class Judicial Magistrate; (ii) his application is not dated; and (iii) the case number in which he was associated is not mentioned in the certificate issued by Sri.Kunjan Sukumaran. Noting the above defects his case has not been recommended by the State Government. By Ext.P7 the first respondent informed the petitioner that as the State Government has not recommended his claim no WP(C).No.29604 OF 2003-Y. 2 further action was required in the matter. The petitioner thereafter along with Ext.P8 representation produced his affidavit Ext.P9 duly attested by the Judicial First Class Magistrate-II, Alappuzha as required in Ext.P6. As regards the defects, he has explained in Ext.P8 that the said defects are not actually existing as the application bears the date 20-4-1998 and to rectify the defect regarding non-mentioning of the case number he has produced Ext.P4 personal knowledge certificate issued by Sri.Narayanan Ramankutty which was not considered while passing Ext.P6. Hence, the petitioner has already cured the defects mentioned in Ext.P6 and he has also produced a certificate issued by Sri.Narayanan Ramankutty which was not considered while issuing Ext.P6 by the State Government. 2. Therefore, there will be a direction to the second respondent to consider the documents and other materials produced by the petitioner as requested in Ext.P8 and to forward the recommendation required as per the scheme within a period of six weeks from the date of receipt of a copy of this judgment. The first respondent will thereafter consider the application for grant of SSS WP(C).No.29604 OF 2003-Y. 3 Pension within a further period of three months. If the pension is sanctioned, the first respondent will consider the question of grant of arrears also from the date of receipt of the application Ext.P2. The writ petition is disposed of accordingly. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/