IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 2434 of 2007(M) ------------------------------------ PETITIONER: ------------------ JANARDHANAN, AGED 80, KANIYAMVELI VEEDU, ARYAD NORTH P.O., ALAPPUZHA. BY ADV. SRI.J.OMPRAKASH RESPONDENTS: ---------------------- 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, DEPARTMENT OF GENERAL ADMINISTRATION, SECRETARIATE, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.R.LAKSHMINARAYAN -R2 ADV. SRI.V.K.MOHAMMED YOUSUF, ADDL.CGSC - R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).2434/2007-M APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION OF THE PETITIONER DATED 30/04/1998. EXT.P2: COPY OF THE STATE PENSION ORDER DATED 15/06/1987 ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA. EXT.P3: COPY OF THE COPY APPLICATION AND THE ORDER IN CASE NO.P.E.7/1122 OF THE C.J.M. COURT, ALAPPUZHA DATED 18/04/81. EXT.P4: COPY OF THE CERTIFICATE ISSUED BY KUNJAN SUKUMARAN DATED 28/04/1998. EXT.P5: COPY OF THE TRUE EXTRACT OF THE CONVICT REGISTER RELATING TO PANICKER SUKUMARAN DATED NIL ISSUED BY THE SUPERINTENDANT OF CENTRAL PRISON, THIRUVANANTHAPURAM. EXT.P6: COPY OF THE ORDER OF THE DEPUTY SECRETARY TO GOVERNMENT OF INDIA DATED NIL. EXT.P7: COPY OF THE REPRESENTATION OF THE PETITIONER DATED 23/01/2006. EXT.P8: COPY OF THE CERTIFICATE OF SRI.H.K.CHAKRAPANI DATED 19/01/2006. EXT.P9: COPY OF THE CENTRAL PENSION ORDER ISSUED TO H.K.CHAKRAPANI BY THE UNDER SECRETARY TO GOVERNMENT OF INDIA DATED 18/06/2003. EXT.P10: COPY OF THE CONVICT REGISTER RELATING TO H.K.CHAKRAPANI ISSUED BY THE SUPERINTENDANT, CENTRAL PRISON, THIRUVANANTHAPURAM DATED NIL. EXT.P11: COPY OF THE ORDER ISSUED BY THE UNDER SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS DATED 16/05/2006. EXT.P12: COPY OF THE REPORT OF THE TAHSILDAR, AMBALAPPUZHA DATED 22/02/85. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // P.A. TO JUDGE Rs/ T.R.RAMACHANDRAN NAIR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C). No.2434/2007-M ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 23rd day of July, 2008 J U D G M E N T The writ petitioner, who was an applicant for the Swatantrata Sainik Samman Pension, is aggrieved by the rejection of the said application by the first respondent as per Ext.P11. 2. In Ext.P11, the main reasons stated for the rejection are that, there is no acceptable primary evidence, there is no valid Non-Availability of Records Certificate (N.A.R.C) from the State Government etc. and finally that the State Government has not recommended the application. 3. In this case, it is seen that the petitioner is a recipient of the State Freedom Fighters' pension as evident from Ext.P2. Ext.P4 is a Personal Knowledge Certificate issued by Sri.Kunjan Sukumaran, who is a recipient of the Central pension, which is evidenced by Ext.P6. He had earlier approached this Court by filing a writ petition No.21986/2005 seeking disposal of his application for S.S.S pension as well as a direction to the State Government to consider Exts.P7 and P8. Ext.P7 is a further W.P.(C).NO.2434/2007-M -:2:- representation of the petitioner enclosing therewith Personal Knowledge Certificate of Sri.H.K.Chakrapani, order granting S.S.S pension to Sri.Chakrapani and extract of convict register relating to Sri.Chakrapani, the true copies of which are produced herein as Exts.P9 to P10. But, while that writ petition was pending, Ext.P11 happened to be passed. Therefore, the State Government had no occasion to consider the sufficiency of Exts.P7 and P8. The said writ petition was closed in the light of Ext.P11 and the present writ petition has been filed challenging the same. 4. In this case the petitioner has produced Ext.P12 which is a true copy of the report forwarded by the Tahsildar, Ambalapuzha, to the District Collector, Alappuzha, recommending his application for State pension. It is clear from Ext.P12 that the petitioner had gone underground pursuant to the warrant issued in connection with the Punnapra-Vayalar struggle. The learned counsel for the petitioner submits that the same will justify his claim for S.S.S Pension. 5. Ext.P11 order passed by the Central Government shows that the State Government had earlier forwarded a letter dated 05/11/2005, stating that the petitioner's application for S.S.S pension is not recommended. At that time, only the Personal W.P.(C).NO.2434/2007-M -:3:- Knowledge Certificate issued by Sri.Kunjan Sukumaran was available with the State Government. Ext.P7 is dated 23/01/2006 and Ext.P8 is dated 19/01/2006. Apparently, they were not considered by the State Government, which resulted in not forwarding a proper recommendation. 6. In the light of the evidence now produced by the petitioner, I find that the matter will have to be directed to be re- considered by the respondents herein. Therefore, Ext.P11 is quashed. The petitioner will forward a true copy of Ext.P12 to the second respondent within three weeks from today along with a copy of this judgment. The second respondent will consider Exts.P7 and P8 (Personal Knowledge Certificate issued by Sri.H.K.Chakrapani) and forward a fresh Verification-cum- Entitlement Report showing the recommendation, after perusing Ext.P12 and the relevant file relating to the same, to the Central Government. The same shall be done within two months from the date of receipt of a copy of this judgment. The first respondent shall pass fresh orders on receipt of fresh recommendation from the State Government and in the light of the same within two months thereafter. In the event of granting pension, the entitlement of the petitioner for payment of arrears from the date W.P.(C).NO.2434/2007-M -:4:- of receipt of Ext.P1 application dated 30/04/1998 will also be considered. The writ petition is allowed as above. T.R.RAMACHANDRAN NAIR, Judge ms