IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 16377 of 2005(Y) -------------------------------------- PETITIONER: ------------------ KELOTH LAKSHMIKUTTY AMMA, W/O.LATE KELOTH GOVINDAN NAIR, AGED 81 YEARS, RESIDING AT KELOTH HOUSE, KALLIL THAZHE, KODIYERI AMSOM, P.O.PARAL, PIN-670 671, THALASSERY, KANNUR DISTRICT. BY ADV. SRI.R.SURENDRAN RESPONDENTS: ---------------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE UNDER SECRETARY TO THE GOVERNMENT OF INDIA, FREEDOM FIGHTER'S DIVISION, MINISTRY OF HOME AFFAIRS, NEW DELHI. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, GENERAL ADMINISTRATION (FFPA) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR, KANNUR. GOVERNMENT PLEADER SRI.P.K.RAVIKRISHNAN FOR R3, R4 ADV. SRI.GEORGE KURUVILLA(ALAPPUZHA) FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 16377/2005-Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE ISSUED BY THE COMMANDANT MSP, MALAPPURAM DATED 26/10/1974. EXT.P2: COPY OF THE ORDER NO.K.DIS.15360 DATED 05/04/1975 ISSUED BY THE DISTRICT COLLECTOR, CANNANORE. EXT.P3: COPY OF THE SWATANTRA SAINIKS SAMMAN PENSION SCHEME AS AMENDED. EXT.P4: COPY OF THE ORDER DATED 24/10/1989 PASSED BY THE 4TH RESPONDENT. EXT.P5: COPY OF THE FORWARDING LETTER DATED 09/07/1999 ISSUED BY THE THIRD RESPONDENT TO THE FIRST RESPONDENT. EXT.P6: COPY OF THE LETTER DATED 24/07/2000 ISSUED BY THE SECOND RESPONDENT. EXT.P7: COPY OF THE LETTER DATED 29/09/2000 ISSUED BY THE PETITIONER TO THE THIRD RESPONDENT. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)NO.16377 of 2005-Y - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of October, 2008. JUDGMENT The widow of late Shri Keloth Govindan Nair who was a constable in Malabar Special Police till 16.4.1946 is the petitioner in this writ petition. The claim is for grant of Swathanthratha Sainik Samman Pension. The challenge is against Ext.P6, whereby the application of the petitioner stands rejected. Ext.P6 shows that the State Government had recommended the application. But the rejection is only for the reason that the company of the force in which the petitioner's late husband was serving was disbanded and he was not dismissed from service. 2. Learned counsel for the petitioner submitted that Ext.P1 certificate will show that the late husband of the petitioner was dismissed from service with effect from 16.4.1946 and this was not considered. He was granted State pension as per Exct.P2. The petitioner has submitted a further representation as per Ext.P7 before the Central Government producing a copy of Ext.P1 certificate. 3. In the counter affidavit filed on behalf of the third respondent, it is stated that M.S.P. strike has been recognised for grant of SSS pension. In WPC 16377/2005 -2- para 4, it is clearly stated that the category-wise list was prepared by the MSP Commandant as per the available records in his office regarding the strike held in 1946 and there is no evidence available for the State Government to differ from the views of the MSP Commandant. The State Government have recommended the petitioner's case as per Ext.P5. Therefore, it is clear that the State Government does not dispute the fact that the petitioner's late husband was dismissed from service as reiterated in Ext.P1 certificate. 4. In the counter affidavit filed by the first respondent, it is stated that the petitioner's claim is being re-examined in the Ministry on the basis of Ext.P1 produced herein. The State Government has been requested to verify the genuineness or otherwise of the certificate along with supporting documents. A final decision on the claim would be taken upon receipt of the State's verification report along with supporting documents. To the same effect a communication has been issued by the first respondent to the petitioner dated 11.7.2005. 5. Learned counsel for the petitioner submits that this is a case where the petitioner's late husband was dismissed from service going by Ext.P1 which is a certificate issued by the competent authority and there are no circumstances to differ from the same. It is also pointed out that even if it is WPC 16377/2005 -3- stated that the unit was disbanded, it is because of the strike and not because of any other factor. Therefore, even in a case where the unit has been disbanded, in effect the personnel serving in the said unit was effectively dismissed from service for participation in the strike. There are no other circumstances to prove otherwise also. I see force in the above submission, as the reason for disbanding the unit can only be the participation of the personnel in the M.S.P. strike. Therefore, that cannot be a reason to reject the claim of the petitioner. 6. In the light of the fact that the claim is being re-examined by the first respondent, I dispose of this writ petition with the following directions: Ext.P6 is quashed. The State Government will forward a fresh verification-cum-entitlement report showing the recommendation after considering Ext.P1, to the Central Government within a period of six weeks from the date of receipt of a copy of this judgment. On receipt of such report, respondents 1 and 2 will consider the matter afresh in the light of Ext.P1 and the recommendation of the State Government, within a further period of two months from the date of report from the State Government. While granting pension, the claim for arrears of pension from the date of WPC 16377/2005 -4- receipt of the application submitted by the petitioner, will also be favourably considered. (T.R. Ramachandran Nair, Judge.) kav/