IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 8880 of 2004(F) ------------------------- PETITIONER(S): --------------- NARAYANAN PADMANABHAN, PANAYACHIRA VEEDU, VARANADU P.O., CHERTHALA. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): --------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE UNDER SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, GOVERNMENT OF INDIA, NEW DELHI. 3. THE SECRETARY, GENERAL ADMINISTRATION DEPARATMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR, ALAPPUZHA. ADV. SRI.M.L.SURESH KUMAR, CGC FOR R1 TOR2 GOVERNMENT PLEADER SRI.T.K.VIPIN DAS FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Ext.P1: True copy of the order dated 31.12.1975 issued by the Government of Kerala. Ext.P2: True copy of the application dated 14.5.1998 before the Government of Kerala Ext.P3: True copy of the Personal Knowledge Certificate dated 8.5.1998 Ext.P4: True copy of the Certificate dated 22.7.1993 from the Superintendent of the Sub jail, Alappuzha Ext.P5: True copy of the Judgment in O.P No. 6904/2000 filed by the petitioner before this Hon'ble Court. Ext.P6: True copy of the communication dated 13.6.2002 issued by the 2nd respondent. Ext.P7: True copy of the application dated 6.7.2002 filed by the petitioner. Ext.P8: True copy of the application dated .7.2002 filed by the Petitioner before the 3rd respondent. Ext.P9: True copy of the Co-prisoner Certificate dated 25.6.2002 Ext.P10: True copy of the order dated 9.7.1974 passed by the Chief Judicial First Class Magistrate Court, Alappuzha. Ext.P11: True copy of the judgment dated 8.4.2003 in O.P No. 24043 of 2002 before this Hon'ble Court. Ext.P12: True copy of the notice received from the Principal Secretary to Government, General Administration Department, Govt. of Kerala. Ext.P13: True copy of the communication dated 24.11.2003 from the 2nd respondent. Ext.P14: True copy of the proceedings dated 14.11.2003 Ext.P15: True copy of the communication dated 16.4.1998 issued by the Superintendent of Central Jail , Thiruvananthapuram. Ext.P16: True copy of the order dated 22.3.1973 issued by the State Government. Ext.P17: True copy of the order dated 19.6.1987 issued by the Central Government. Ext.P18: True copy of the affidavit dated Nil filed by the petitioner. Ext.P19: True copy of the certificate dated 21.12.2003 issued by the Solomon. //true copy// HARUN-UL-RASHID, J. ---------------------------------------- W.P.(C).No.8880 of 2004 ---------------------------------------- Dated this the 8th day of April, 2009 JUDGMENT The Petitioner is stated to be a freedom fighter who had actively participated in the Punnapra - Vayalar struggle He was arrayed as an accused by the Police in case No.P.E. 8/1122 before the Special Magistrate's Court, Alappuzha. Thereafter he was arrested by the Police and was detained in the Alappuzha Police lock-up from 30.10.1946 to 10.8.1947 as an under trial prisoner. 2. Petitioner is a recipient of freedom fighter's pension from the Government of Kerala. Ext.P1 is the order issued by the 4th respondent granting pension. 3. When the Punnapra -Vayalar struggle was recognised by the Union of India as part of the freedom movement the petitioner applied for pension under the Swathanthrata Sainik Samman Pension Scheme. Ext.P2 is the application dated 14.5.1998. Along with Ext.P2 application the petitioner appended Ext.P3 Personal Knowledge Certificate issued by the prominent freedom fighter Sri.V.K.Viswanathan, Ext.P4 Non-availability of records certificate issued by the Superintendent of Sub jail Alappuzha etc. 4. Since there was no response the petitioner approached this W.P.(C) No. 8880 of 2004 2 Court by filing O.P No. 6904/2000 along with some others. This Court in the judgment in O.P No. 6904/2000 issued directions to the Central Government to decide the matter within 6 months from the date of receipt of a copy of the judgment. 5. Thereafter the 2nd respondent issued Ext.P6 communication in which it is mentioned that the State Government has not recommended the petitioner's case for pension due to absence of documents sufficient to prove the petitioner's claim. Under the said circumstances the petitioner submitted Ext.P7 representation to review Ext.P6 order. 6. The petitioner again submitted Ext.P8 application before the 3rd respondent . Along with the said application the petitioner appended Co-prisoner certificate issued by one Sri.P.A. Solomon , an Ex.M.P who is a freedom fighter, and a recipient of Central Pension and Thamrapathra. Even thereafter there was no response from the respondents the petitioner again filed O.P 24043/2002 before this Court. This Court in judgment in O.P 24043/2002 (Ext.P11) directed the respondents to expedite the procedures. In pursuance of the direction in Ext.P11 judgment the District Collector issued notice to the petitioner . The Petitioner appeared before the District Collector and tendered evidence. Thereafter the petitioner received a notice from the Principal Secretary to Government, General Administration Department. The petitioner appeared before the Principal Secretary with relevant documents. Finally W.P.(C) No. 8880 of 2004 3 by Ext.P13 the 2nd respondent rejected the claim of the petitioner for the reason that the State Government has not recommended the petitioner's claim for SSS pension. 7. The Petitioner approached this court on two occasions complaining that his application was not considered in the correct perspective and therefore the denial of central pension to him is unjust and unreasonable. It is a true fact that the petitioner is a recipient of State pension. Ext.P1 is the order. The Petitioner also produced relevant documents namely Personal knowledge Certificate issued by Sri.V.K.Viswanathan and Co-prisoner certificate issued by Sri.P.A. Solomon, Non-availability of Records Certificate issued by the Superintendent of Sub Jail, Alappuzha etc. The State Government by Ext.P14 dated 4.11.2003 has not recommended the application for SSS pension mainly for the reason that the Personal Knowledge Certificate issued by Sri.V.K.Viswanathan is not acceptable due to lack of his jail records The State Government ought to have considered Ext.P18 affidavit issued by the said Viswanathan. The petitioner subsequently produced Co- prisoner Certificate issued by Sri.P.A. Solomon Ex-M.P. In Ext.P14 order it is further stated that the original of the Co-prisoner certificate issued by Sri.P.A. Solomon is not appended with the application. Sri.P.A. Solomon is an Ex-M.P and a freedom fighter who is the the recipient of Central pension, State Pension and Thamrapathra . The very fact that W.P.(C) No. 8880 of 2004 4 the said Solomon is the recipient of Central Pension and Thamrapathra and taking into account the fact that this Court in several cases accepted the genuineness of the said Solomon's jail records, the reason stated by the State Government to the effect that the certifier's original Co-prisoner certificate is not seen produced cannot stand . 8. In all cases of this nature this Court opined that Solomon's Co-prisoner certificate is acceptable. In view of the said consistent stand taken by this Court there is no necessity for the production of any supporting documents in that regard. The certifiers in this case who are recipients of Central and State Pension and Thamrapathra holders clearly shows that they have undergone the requisite period of imprisonment in connection with the freedom struggle. It is submitted that the petitioner is wiling to produce the Co- prisoner certificate of Sri.P.A. Solomon Ex.M.P within three weeks from today before the 3rd respondent. 9. In the facts and circumstances this Court again directs the State Government to reconsider the matter in the light of the certificates and documents produced by the petitioner. In case it is found that the petitioner's case is genuine the State Government shall send the verification cum entitlement to pension report along with their recommendation as enjoined under clause 10 of the SSS Pension Scheme within one month from the date of receipt of a copy of this judgment. On W.P.(C) No. 8880 of 2004 5 receipt of those documents the 2nd respondent shall consider and pass appropriate orders on the petitioner's application within 2 months thereafter. In the event of granting pension by the Central Government, it is needless to say that the petitioner is entitled to the same from the date of receipt of application for SSS Pension. This writ petition is disposed of. (HARUN-UL-RASHID, JUDGE) es.