IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 WP(C).No. 24829 of 2007(E) -------------------------- PETITIONER:- ------------------- M.K.VIDHYADHARAN, MEENETHERIL VEEDU, ALAPPAD, CHERIYAZHEEKKAL, KARUNAGAPPALLY, KOLLAM DIST. BY ADV. SRI.N.DHARMADAN (SR.) SMT.D.P.RENU RESPONDENTS:- ---------------------- 1. GOVERNMENT OF INDIA, REP. BY ITS SECRETARY TO GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS DIVISION, LOK NAYAK BHAVAN, NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION(FFPA)DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24829 of 2007(E) APPENDIX Petitioner's Exhibits:- P1: Copy of order dtd.5.1.2001 issued by Dist.Collector. P2: Copy of order (NARC) dtd.20.11.2002 issued by CJM Court, Alappuzha. P3: Copy of certificate dtd.10.9.1998 issued by Sri.V.K.Viswanathan. P4: Copy of certificate dtd.3.9.1998 issued by Sri.K.Gopinathan. P5: Copy of certificate dtd.nil issued by Sri.V.K.Viswanathan. P6: Copy of certificate dtd.nil (convict register) of Sri.K.Gopinathan. P7: Copy of judgment in OP.No.6592/03 dtd.18.5.2005 of this Hon'ble Court. P8: Copy of judgment in WA.95/06 dtd.19/12/2006 of this Hon'ble Court. P8(a): Copy of order dtd.7.7.05 issued by 2nd respondent. P9: Copy of letter dtd.20.3.07 issued by 1st respondent. P10: Copy of order dtd.13.7.07 issued by 1st respondent. Respondents' Exhibits:- Nil. ( true copy ) P.A. to Judge. kvs/- T.R.RAMACHANDRAN NAIR, J. ========================= WP(C).No.24829 of 2007-E. ========================= Dated this the 10th day of April, 2008. J U D G M E N T The petitioner is an applicant for grant of SSS Pension. Going by Ext.P1 he has been granted pension by the State Government as early as on 5.1.2001. The claim of the petitioner is that in a criminal case PE 7/1122 he was an accused and was forced to remain underground for six months. Ext.P2 is the NARC produced from the Chief Judicial Magistrate Court, Alappuzha. The petitioner has produced Exts.P3 and P4 which are the certificates issued by the other prominent freedom fighters Sri.Viswanathan and Sri.Gopinathan. Sri.Viswanathan is a Thamrapathra holder and is a recipient of Central pension. Along with Exts.P3 and P4 the petitioner is relying upon Exts.P5 and P6 certificates issued by the competent certifiers. Earlier he filed OP.No.6592/2003 against the rejection of the application. As per WP(C).No.24829 of 2007-E. -: 2 :- Ext.P7 judgment the order was set aside and the respondents were directed to take appropriate action in the matter. Subsequent to the above judgment the State Government had forwarded due recommendation for grant of Central Pension. Thereafter by Ext.P10 the application stands rejected. 2. The main reasons for rejection of application are that, (a) primary evidence are not available; (b) the NARC is not valid; (c) the certificates issued by the certifiers are not acceptable mainly for want of proof of their jail sufferings. Lastly it is stated that even if the State has recommended the application that is not binding on the Central Government. 3. Heard the learned Senior Counsel Sri.N.Dharmadan appearing for the petitioner, the learned Asst. Solicitor General for the first respondent and the learned Government Pleader for the 2nd respondent. 4. Before going to the merits of the order one thing worth noticing is that in spite of Ext.P7 judgment wherein certain findings have been rendered on the merits, the first respondent has WP(C).No.24829 of 2007-E. -: 3 :- chosen to reject the application. The reasons shown therein to reject the application are apparently those reasons which were found against by this Court while rendering Ext.P7 judgment. The learned Single Judge while discussing the validity of the order impugned therein clearly found that the certifiers are competent freedom fighters and their certificates cannot be ignored. It was also found that same records produced by the petitioner have been relied upon for granting pension under the State's scheme. 5. The reasons which prompted the first respondent to reject the application are clearly unsustainable. This is a case where no primary evidence is available. The main reason that is shown to reject the claim is that no valid NARC is there. But in this case there is a positive recommendation by the first respondent recommending the application for sanction of pension. This Court has taken the view in the judgment in OP.No.7749/2000 that when there is a valid recommendation by the State Government, the Central Government cannot insist for a separate NARC from the State Government. In that view of the matter the said reason given WP(C).No.24829 of 2007-E. -: 4 :- in Ext.P10 cannot be accepted. Next is the competency of the certifiers. Going by Ext.P3 the certifier Sri.V.K.Viswanathan is a recipient of Central Freedom Fighters' Pension under the Ministry of Home Affairs Order No.119/179/87/FF/62 dated 19.6.1987. He suffered actual imprisonment for more than two years and was lodged in the Central Jail, Thiruvananthapuram during the period from 10.4.1943 to 5.4.1946. Clearly the sufferings undergone by him have been taken into consideration for granting Central Pension to the said competent certifier. Ext.P5 will show that he is also a recipient of Thamrapathra. Therefore, to insist on production of jail certificates from the said certifier is clearly meaningless. Apart from that, in Ext.P7 judgment there is a positive finding that the certifiers are competent ones. The said findings have not been altered in Ext.P8 judgment by the Division Bench. So is the case with the certifier Sri.K.Gopinathan whose details are available as per Ext.P6, which is a true extract of the convict register, Central Prison, Thiruvananthapuram. He was convicted and sentenced for various periods for imprisonment. In WP(C).No.24829 of 2007-E. -: 5 :- the light of the above clear facts, I am of the view that the reasons stated in Ext.P10 to reject the above certificates cannot be sustained. The said certificates ought to have been accepted for granting pension to the petitioner herein. 6. Therefore, Ext.P10 is quashed. It is declared that the petitioner is eligible for grant of SSS Pension. Appropriate orders shall be passed by the first respondent within a period of two months from the date of receipt of a copy of this judgment. While sanctioning the pension the entitlement of the petitioner for grant of arrears of pension from the date of receipt of the application by the Central Government will also be considered. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-