IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 30TH AUGUST 2010 / 8TH BHADRA 1932 WP(C).No. 9107 of 2008(H) -------------------------------------- PETITIONER(S): ------------------------ K. THANKAMMA, AGED 68, W/O.N.A. SUDHAKARAN, NIVARTHIL HOUSE, C.M.C.3, CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.J.OM PRAKASH RESPONDENT(S): ------------------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. R1 BY ADV. SRI.S.KRISHNAMOORTHY, CGC. R2 BY GOVT. PLEADER MR.SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 9107/2008-H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER OF THE DISTRICT COLLECTOR, ALAPPUZHA DATED 13/06/1977. EXT.P2: COPY OF THE APPLICATION OF THE HUSBAND OF THE PETITIONER DATED 19/05/1998. EXT.P3: COPY OF THE CERTIFICATE DATED 06/06/1974 OF THE SUB INSPECTOR OF POLICE CHERTHALA. EXT.P4: COPY OF THE ORDER OF THE UNDER SECRETARY TO GOVERNMENT OF INDIA DATED 14/06/2002. EXT.P5: COPY OF THE ORDER OF THE UNDER SECRETARY TO GOVERNMENT OF INDIA, DATED 16/07/2003. EXT.P6: COPY OF THE CERTIFICATE OF SRI.H.K.CHAKRAPANI ISSUED BY THE SUPERINTENDANT, CENTRAL PRISON, THIRUVANANTHAPURAM DATED NIL. EXT.P7: COPY OF THE CONVICT REGISTER RELATING TO SRI.H.K. CHAKRAPANI ISSUED BY THE SUPERINTENDANT, CENTRAL PRISON, THIRUVANANTHAPURAM DATED NIL. EXT.P8: COPY OF THE ORDER OF THE UNDER SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, NEW DELHI DATED 18/06/2003. EXT.P9: COPY OF THE APPLICATION AND THE ORDER IN P.E.10/1122 ME. OF THE C.J.M. COURT, ALAPPUZHA DATED 13/07/2005. EXT.P10: COPY OF THE ORDER OF THE UNDER SECRETARY TO GOVERNMENT OF INDIA DATED 15/12/2005. EXT.P11: COPY OF THE REPORT IN S.C. NO.9/123 OF THE SESSIONS COURT, ALAPPUZHA DATED NIL. EXT.P12: COPY OF THE REPORT OF THE TAHSILDAR, CHERTHALA DATED 09/01/1974. EXT.P13: COPY OF THE JUDGMENT IN WP(C) NO. 12456/2007 DATED 13/11/2008. EXT.P14: COPY OF THE ORDER DATED 29/12/2009 OF THE SECRETARY TO GOVERNMENT. RESPONDENT'S EXHIBITS: EXT.R1(a): COPY OF THE LETER NO.19/2503/74-FF(SZ) DATED 17/06/2002. EXT.R1(b): COPY OF THE LETTER NO.52/CC/K/77/2002-FF(SZ) DATED 16/07/2003. //TRUE COPY// P.S. TO JUDGE rs. T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.9107/2008-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 30th day of August, 2010 J U D G M E N T The petitioner is the widow of late Shri.N.A.Sudhakaran who was a freedom fighter. It is averred in the writ petition that the petitioner's husband had actively participated in the Punnapra-Vayalar Struggle and, therefore, he was arrayed as an accused by the police in Case No.P.E.10/1122 of the Special Magistrate Court, Alappuzha. Since non-bailable warrant was issued against him, he absconded from 30/10/1946 to 08/09/1948 and at last he was declared as an absconder by the court. The petitioner's late husband was granted pension under the Kerala Freedom Fighters' Pension Rules as evident from Ext.P1. Ext.P2 is a copy of the application for grant of Swatantrata Sainik Samman Pension. Ext.P3 is a certificate issued by the Sub Inspector of Police after conducting local enquiry wherein it is certified that he has participated in the Punnapra-Vayalar Struggle and a warrant had been issued under P.E.10/46. It is also mentioned that the relevant records are not available now. 2. Initially, the application was rejected by Ext.P4 stating that the State Government has not recommended the application. Thereafter, the petitioner's husband W.P.(C). No.9107/2008 -:2:- approached this Court by filing O.P.No.23991/2002. By Ext.P5, the Central Government rejected the application which was under challenge in W.P.(C).No.26813/2003. At that point of time the petitioner's husband had produced the Personal Knowledge Certificates from Shri C.G.Sadasivan and Shri V.K.Viswanathan. The petitioner's husband again produced the Personal Knowledge Certificate issued by Shri H.K.Chakrapani another freedom fighter a copy of which is produced as Ext.P6 and, Ext.P7 is the copy of the convict register relating to the certifier. Ext.P8 is the copy of the order granting S.S.S Pension to Shri H.K.Chakrapani. It appears that the State Government again did not recommend the application for S.S.S Pension and by relying upon Government letter No.65269/FFP A2/2005/GAD dated 02/09/2005, Ext.P10 order has been passed. 3. The main reason for rejection of the application is that the District Collector in his report has stated that “as per the available copy of the Judgment, kept in the Collectorate, regarding case No.PE.10/1122(1946), the name of the petitioner's husband is not seen included”. Accordingly, it is pointed out that the certificate of Shri H.K.Chakrapani is not acceptable. 4. The learned counsel for the petitioner submitted that the report made by the District Collector cannot be W.P.(C). No.9107/2008 -:3:- supported since what was available and referred to therein was not a copy of the Judgment in Case No.PE.10/1122(1946). It is pointed out that in other connected cases [W.P.(C). Nos.31178/2004 and 12456/2007], wherein the very same reason was shown, this Court considered the matter elaborately by Ext.P13 Judgment. My attention was invited to the relevant findings therein to show that what was available and referred to by the District Collector is not the Judgment in Case No.PE.10/1122(1946) but only an order transferring the case from Sessions Court to Additional Temp.Sessions Judge Thiruvananthapuram. It is pointed out that the list of accused therein is not exhaustive as only those who faced trial alone are listed in that document. In the cause title of the document, the names of 25 accused have been shown. This is considered in paragraph (5) onwards in Ext.P13 Judgment. It was held by this Court that the said document cannot be treated as the copy of the Judgment. In fact, in the above writ petitions, the State Government had filed counter affidavit with reference to the said document and on an appreciation of all aspects, this Court had held that the approach made by the State Government is not correct. It was held that the document relied upon by the Statement as a copy of the Judgment was not a true copy of a Judgment. The petitioner is entitled W.P.(C). No.9107/2008 -:4:- for the benefit of the said finding. It is also pointed out that the State Government, later on recommended the case of the applicant in W.P.(C).No.12456/2007, namely, one Smt.Elizabath Varghese and Ext.P14 is the copy of the recommendation forwarded by the State Government to the Central Government. It is pointed out that the said applicant is now a recipient of S.S.S Pension. 5. Herein also the petitioner is relying upon, two other documents namely, Ext.P3 certificate issued by the Sub Inspector of Police stating that there was a warrant in Case No.PE.10/1122(1946) against the late husband of the petitioner as well as Ext.P12 a copy of the report, in the form prescribed, submitted by the Tahsildar to the District Collector, when the application of the late husband of the petitioner was processed for granting pension under the Kerala Freedom Fighters' Pension Rules. In Column (1) it is clearly certified that “he has participated in Punnapra- Vayalar Struggle and he has gone underground for a period of two years on consequent of the arrest was issued against him”. Evidently, that was accepted and by Ext.P1 pension was sanctioned to him. Apart from these two documents, he had produced the Personal Knowledge Certificate issued by Shri H.K.Chakrapani and, therefore, these three have to be independently assessed along with the N.A.R.C from the W.P.(C). No.9107/2008 -:5:- C.J.M Court. It is also submitted that Ext.P9 is the copy of the N.A.R.C of the C.J.M. Court, Alappuzha. 6. In that view of the matter, Ext.P10 order of the Government is quashed. The matter will be reconsidered by the State Government and a proper recommendation will be forwarded afresh, after considering Exts.P3, P6, P9 and P12, within a period of six weeks from the date of receipt of a copy of this Judgment and, on receipt of the fresh communication of the State Government, the application for S.S.S Pension will be considered afresh and order will be passed by the Central Government within a further period of three months. The State Government will bestow attention to the relevant findings in Ext.P13 Judgment as well as the findings rendered above and there will be a proper assessment of the eligibility of the deceased Shri Sudhakaran and the petitioner for the grant of pension and, thereafter, forward appropriate recommendation to the Central Government as directed above. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms