IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 26857 of 2005(V) -------------------------- PETITIONER(S): --------------- T.K. RAJAPPAN, THEEPPATHIYIL HOUSE, BEACH WARD, ALAPPUZHA-688 012 SUPPLIMENTARY PETITIONER SAROJINI, W/O LATE T.K. RAJAPPAN THEEPPATHIYIL HOUSE, E.S.I. WARD ALAPPUZHA 688 012 ( SUPPLEMENTARY PETITIONER IS IMPLEADED VIDE ORDER DATED 20.1.2009 IN I.A. 742/2009) BY ADV. SRI.K.K.SATHEESH RESPONDENT(S): ------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS' DIVISION, LOK NAYAK BHAWAN, NEW DELHI-110 003. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.VARGHESE P. THOMAS, CGSC FOR R1 GOVERNMENT PLEADER SRI.T.K.VIPIN DAS SRI.GEORGE JOSEPH, ADDL.CGSC FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 26857 of 2005(V) APPENDIX Ext.P1: True copy of the proceedings of the District Collector, Alappuzha vide order No. R.Dis. 80093/84/N4 dated 24.10.1984. Ext.P2: True copy of the application submitted by the petitioner for the grant of SSS Pension to the respondents dated 16.4.1998. Ext.P3: True copy of the PKC issued by Sri.Kunjan Sukumaran dated 15.4.1998. Ext.P4: True copy of the PKC issued by Sri.C.G.Sadasivan Ex-M.L.A dated 31.5.1981 Ext.P5: true copy of the NARC issued by the CJM Court, Alleppey. Ext.P6: True copy of the Judgment dated 16.12.2002 passed by this Hon'ble Court in O.P. No. 37973/2002. Ext.P7: True copy of the letter No. 2827/FFP A2/2003/GAD dated 31.3.2003 issued by the 2nd respondent to the petitioner. Ext.P8: True copy of the letter No.52/CC/Ker/10/2003-FF (SZ)dated 1.8.2003 issued by the 1st respondent to the petitioner. Ext.P9: True copy of the representation submitted by the petitioner to the 2nd respondent dated 25.7.2005. Ext.P10: True copy of the PKC issued by Sri.H.K.Chakrapani dated 30.5.2005. Annexure R1: True copy of the letter No. 2827/FFPA2/2003/GAD-Dated 31.3.2003 by the State Government of Kerala. Annexure R2: True copy of the letter No.2827/FFPA2/2003/GAD-Dated 31.3.2003 Annexure R3: True copy of the letter dated 1.8.2003. //true copy// HARUN-UL-RASHID, J. ---------------------------------------- W.P.(C).No.26857 of 2005 ---------------------------------------- Dated this the 24th day of March, 2009 JUDGMENT 1. During the pendency of this writ petition, the petitioner died and his wife is impleaded as the supplementary petitioner as per order dated 20.1.2009 in I.A. No. 742/2009 2. It is the case of the petitioner that her husband was a freedom fighter who had actively participated in the Punnapra-Vayalar struggle during the freedom struggle. On account of his active participation in the said struggle, an arrest warrant was issued against him by the Special Magistrate Court, Alleppey in case No.P.E. 7/1122 ME. Since the police were hunting after him for the arrest, to evade the arrest he had gone underground for a period of nine months from October 1946 to July 1947 and as such he is entitled to get the benefit of “Swatantratha Sainik Samman Pension” hereinafter referred to as the SSS pension. 3. The petitioner is a recipient of Kerala Freedom Fighters' Pension 4. Since Punnapra-Vayalar struggle was recognised by the Government of India as a part of the National Freedom Struggle for the purpose of grant of SSS Pension with effect from 20.1.1998, the petitioner submitted Ext.P2 application for the same on 16.4.1998. 5. Along with Ext.P2 application the petitioner had produced the W.P.(C) No. 26857 of 2005 -2- Personal Knowledge Certificate (PKC) issued by the freedom fighter Sri.Kunjan Sukumaran who had undergone imprisonment in the Central Prison, Trivandrum for a period of more than five years on account of his participation in the Punnapra-Vayalar struggle and also the recipient of SSS Pension as well as the holder of “Thamrapathra” award. Besides the above document, the petitioner had also furnished the Personal Knowledge Certificate issued by the freedom fighter Sri.C.G.Sadasivan, Ex-MLA, and the Non-availability of Records Certificate(NARC) issued by the Chief Judicial Magistrate Alleppey in case No.P.E. 7/1122 ME. 6. Since there was no response from the 2nd respondent, the petitioner approached this Court and filed O.P No. 37973/2002. As per direction issued in the judgment dated 16.12.2002 in the said O.P the 2nd respondent passed Ext.P7 communication. Vide Ext.P7 Communication the State Government (2nd respondent) informed the petitioner that his application does not merit recommendation to the 1st respondent due to certain defects. .The reasons for rejecting the claim of the petitioner are :- (i) The certificate issued by Sri.C.G.Sadasivan Ex.MLA is not in the prescribed form (ii) The certifier Sri.Kunjan Sukumaran had not mentioned the case number in which you had gone under ground (iii) The non-availability of records Certificate produced is not acceptable (iv) You have not produced any documentary evidence to W.P.(C) No. 26857 of 2005 -3- substantiate your claim (v) The District Collector has not recommended your case. 7. On the basis of Ext.P7 communication the Central Government vide Ext.P8 communication informed the petitioner that since the State Government has not recommended the petitioner's claim for pension no further action was called for and the matter was closed. 8. The counsel for the petitioner submitted that again the petitioner filed Ext.P9 representation to the 2nd respondent appended with the Personal Knowledge Certificate issued by Sri.H.K.Chakrapani who had also undergone imprisonment in the Central Prison , Trivandrum for a period of more than five years on account of his participation in the Punnapra -Vayalar struggle and he is the recipient of SSS Pension as well as as the holder of “Thamrapathra” award. 9. It is submitted by the counsel for the petitioner that the infirmities pointed out in Ext.P7 has been cured by the production of additional document along with Ext.P9 representation. The fact that Sri.H.K.Chakrapani is a recipient of SSS Pension reveals that he had undergone imprisonment in connection with the freedom struggle. So the Personal Knowledge Certificate issued by the said Chakrapani is valid and there is no necessity for any supporting documents to substantiate the petitioner's claim. This court is of view that the petitioner's claim can W.P.(C) No. 26857 of 2005 -4- be allowable. In the result, Ext.P7 and P8 are quashed. There will be direction to the State Government to send the verification cum entitlement to pension report along with their recommendation as enjoined under clause 10 of the Scheme within two months from the date of receipt of a copy of this judgment. On receipt of those documents the 1st respondent shall consider and pass appropriate orders on Ext.P2 application within 2 months thereafter . In the event of granting pension by the Central Government it is needless to say that the legal representative of the petitioner is entitled to the same from the date of receipt of Ext.P2 application dated 16.4.1998. This writ petition is disposed of (HARUN-UL-RASHID, JUDGE) es HARUN-UL-RASHID, J. --------------------------- W.P.(C).No.26857 of 2005 ---------------------------- JUDGMENT 24th March, 2009