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. 10978 of 2006(F) -------------------------- PETITIONER(S): --------------- N.RAJAMMA HARIDAS, W/O. LATE BAVA HARIDAS, BANGLOWPARAMBU, ARATTUVAZHY WARD, ALAPPUZHA - 7. BY ADV. SRI.K.K.SATHEESH RESPONDENT(S): --------------- 1. UNION OF INDIA, REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI - 110 003. 2. STATE OF KERALA, REP. BY THE SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ALAPPUZHA. ADV. SRI.K.ANAND FOR R1 GOVERNMENT PLEADER FOR R2-3 SRI T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.10978/2006 APPENDIX PETITIONER'S EXTS: EXTP1 TRUE COPY OF THE ORDER NO.R.DIS.31593/72 DTD. 2/3/73 ISSUED BY TH 3RD RSPONDENT. EXT.P2 TRUE COPY OF THE LETTER NO.F6-2733/73 ;DTD. 4/8/1973 ISUSED BY THE 3RD RESPONDENT INVITING THE PETITIONER'S LATE HUSBAND TO RECEIVE “THAMRAPATHRA”. EXT.P3 TRUE COPY OF THE LETTER NO.19/945/74-FF.SZ DTD. 30/1/1992 ISSUED BY TH IST RESPONDENT TO THE PETITIONER'S HUSBAND. EXT.P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITINER'S LATE HUSBAND DTD. 16/4/98 TO THE RESPONDENTS. EXT.P5 TRUE COPY OF THE REPRSENTATIN SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 13/3/2006. EXT.P6 TRUE COPY OF THE NARC ISSUED BY THE DIST. SUPDT. OF POLICE, ALAPPUZHA DTD. 7/12/2005. EXT.P7 TRU ;COPY OF THE PKC ISSUED BY SRI H.K.CHAKRAPANI DTD 4/12/05. EXT.P8 TRUE COPY OF THE ORDER NO.119/PVS/104/99-FF(SZ) DTD. 18/6/2003 ISSUED BY THE IST RSPONDENT GRANTING SSS PENSION TO SRI H.K.CHAKRAPANI. EXT.P9 TRUE COPY OF THE TRUE EXTRACT OF THE CONVICT RGISTER OF CENTRAL PRISON, TRIVANDRUM IN RESPECT OF SRI H.K.CHAKRAPANI ISSUED BY THE SUPDT. OF CENTRAL PRISON, TRIVANDRUM. HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.10978 OF 2006 ---------------------------- DATED THIS THE 8TH DAY OF APRIL, 2009 JUDGMENT It is stated that the petitioner's late husband Sri Bava Haridas was a freedom fighter, who had actively participated in the Punnapra Vayalar Movement during the freedom struggle. On account of his participation in the said struggle, arrest warrant was issued against him by the Special Magistrate's Court, Alleppey in Case No.P.E.7/1122 ME and in order to evade arrest, he had gone underground from 30/10/1946 to 12/6/1948 and as such he was entitled to get the benefit of “Swatantratha Sainik Samman Pension” (hereinafter referred to as “SSS pension”). 2. Admittedly, Bhava Haridas was a recipient of State pensioner and “Thamrapathra” holder. Petitioner's husband submitted Ext.P4 application for SSS pension. Ext.P5 is the representation submitted by the petitioner. Along with Ext.P5 the petitioner produced Ext.P6 Non-availability of Records -2- W.P.(C).No.10978/2006 Certificate (NARC) issued by the Superintendent of Police, Alappuzha, Ext.P7 Personal Knowledge Certificate (PKC) issued by the freedom fighter Sri H.K.Chakrapani and Exts.P8 and P9 SSS Pension sanction order and jail records respectively of the certifier. 3. In the counter affidavit filed by the 2nd respondent it is stated that the State Government vide their letter dated 17/8/2006 has forwarded the application to the Government of India without recommending the claim for SSS Pension. The learned Government Pleader in the counter affidavit stated that the petitioner's application was not recommended for the reason that the petitioner's husband is aged below 16 years at the relevant time, as per the school records and the Non-availability Records Certificate issued by the Superintendent of Police, Alleppey cannot be accepted as per the rules. This Court examined the first question and held in the decision in K.M. Kelappan v. State of Kerala and another (2007 (3) KLJ 468) -3- W.P.(C).No.10978/2006 that the applicant's claim cannot be rejected on the ground that at the time he was not a major. The Rule stipulates the production of NARC issued by the Jail Authorities. Regarding the other reason pointed out by the Government Pleader, the petitioner submitted that she is willing to produce the NARC from the Chief Judicial Magistrate's Court, Alleppey along with a copy of this judgment. 4. Ext.P1 order shows that the petitioner's husband is a recipient of State pension. It is not disputed that he is a “Thamrapathra” holder. Exts.P1 and P2 evidently show that the petitioner's husband was a freedom fighter. But the only question is whether the formalities required under the Rules are complied with. If the formalities required under the rules are complied with, the petitioner is entitled to get the benefit of SSS pension. Now the only formality to be complied with is the production of NARC from the Chief judicial Magistrate's Court. Petitioner agreed to submit the NARC along with a copy of this -4- W.P.(C).No.10978/2006 judgment. In that event, the State Government shall forward their verification-cum-entitlement to pension report along with the recommendation to the Central Government within a period of two months from the date of receipt of a copy of this judgment. On receipt of such recommendation, the Central Government shall pass appropriate orders within two months thereafter. It is needless to say that the petitioner is entitled to arrears of pension from the date of receipt of the application dated 16/4/1998, in case the applicant is entitled to SSS Pension. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv. -5- W.P.(C).No.10978/2006