IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 WP(C).No. 31178 of 2004(J) -------------------------- PETITIONER(S): --------------- SAVITHRI GANGADHARAN, W/O.K.K.GANGADHARAN, MATTATHIL HOUSE, PATTANAKKAD P.O. CHERTHALA, ALAPPUZHA DIST. BY ADV. SRI.K.K.SATHEESH RESPONDENT(S): --------------- 1. UNION OF INDIA, REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS, DIVISION, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI 110 003. 2. THE STATE OF KERALA, REP. BY THE SECRETARY, GENERAL ADMINISTRATION (FFP.A), DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.ROJO JOSEPH THURUTHIPARA, ADDL.CGSC FOR R1 GOVERNMENT PLEADER SRI.P.K.RAVI KRISHNAN FOR R.2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2008, ALONG WITH WPC NO. 12456 OF 2007 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 31178 of 2004(J) A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE ORDER NO.H4-50650/99 DATED 12/02/2001 ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA. EXT.P2 TRUE COPY OF THE APPLICATION FOR THE GRANT OF S.S.S PENSION SUBMITTED BY THE PETITIONER DATED 07/12/2001 ALONG WITH THE AFFIDAVIT DULY ATTESTED BY THE JFCM-I, CHERTHALA DATED 24/11/2001. EXT.P3 TRUE COPY OF THE P.K.C ISSUED BY SRI.NARAYANAN RAMANKUTTY DATED 04/11/2001. EXT.P4 TRUE COPY OF THE N.A.R.C ISSUED BY THE JUDICIAL IST CLASS MAGISTRATE, CHERTHALA IN CASE NO.P.E.10/1122 ME. EXT.P5 TRUE COPY OF THE LETTER NO.119/56/2001/FF(SZ) DATED 27/12/2001 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXT.P6 TRUE COPY OF THE LETTER NO.H2- 61140/01/H2/D.DIS.DTD.22/07/2002 ISSUED BY THE DEPUTY COLLECTOR (HOUSING), ALAPPUZHA. EXT.P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 16/07/2004. EXT.P8 TRUE COPY OF THE P.K.C. ISSUED BY SRI.H.K.CHAKRAPANI DATED 19/02/2004. EXT.P9 A TRUE COPY OF THE ORDER OF SANCTION OF S.S.S.PENSION ISSUED BY THE 1ST RESPONDENT VIDE NO.119/PVS/104/99-FF(SZ) DATED 18/06/2003. EXT.P10 TRUE COPY OF THE EXTRACT OF THE CONVICT REGISTER OF CENTRAL PRISON, THIRUVANANTHAPURAM, ISSUED BY THE SUPERINTENDENT IN RESPECT OF THE CERTIFIER SRI.H.K.CHAKRAPANI. EXT.P11 TRUE COPY OF THE LETTER NO.110744/FFP/A2/2004/GAD DATED 22/02/2005 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. WP(C).No. 31178 of 2004(J) EXTS. OF RESPONDENT NO.2: EXT.R2(a) TRUE COPY OF LIST OF ACCUSED IN CASE NO.P.E.10/1122 OF THE RECORDS OF DISTRICT COLLECTOR, ALAPPUZHA. \\TRUE COPY// P.A TO JUDGE T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) Nos.31178/2004-J and 12456/2007-G ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 13th day of November, 2008. J U D G M E N T These two writ petitions are filed by two applicants for grant of Swantantrata Sainik Samman Pension. 2. In W.P.(C).No.31178/2004, the petitioner is the claimant for pension on account of her participation in the Punnapra Vayalar Movement. It is stated that an arrest warrant was issued against her by the Judicial First Class Magistrate Court, Cherthala, in P.E.No.10/1122 M.E and she remained underground to evade arrest for more than six months from 10/03/1122 to 12/10/1122 M.E. Ext.P1 is the order granting her pension under the Kerala Freedom Fighters' Pension Scheme. Ext.P2 is the application for grant of Swantantrata Sainik Samman Pension. The personal knowledge certificate produced is issued by Sri.Narayanan Ramankutty (Ext.P3) and Ext.P4 is the non-availability of records certificate issued by the Judicial First Class Magistrate Court, Cherthala. By Ext.P6 letter, the second respondent conveyed their stand that the application of the petitioner cannot be recommended in the absence of official records. The petitioner has later produced Ext.P8 personal knowledge certificate issued by W.P.(C) Nos.31178/2004 & 12456//2007 -:2:- Sri.H.K.Chakrapani along with Ext.P7 representation. The certificates relating to the certifier are produced as Exts.P9 and P10. During the pendency of the writ petition, the second respondent communicated their decision as Ext.P11, stating that her application is not being recommended. A perusal of Ext.P11 shows that it was not recommended based on the information given by the District Collector, Alappuzha that the name of the petitioner is not seen mentioned along with accused in case No.P.E.10/1122 M.E. 3. In W.P.(C).No.12456/2007, the claimant is the widow of Sri.Varghese. The State Government had granted pension to him as per Ext.P1. The claim is based on participation of the late husband of the petitioner in Punnapra Vayalar Freedom Struggle. It is stated that he was arrayed as an accused in Case No.P.E.10/1122 M.E of the Special Magistrate Court, Alappuzha and non-bailable warrant was issued against him. He went underground from 28/10/1946 to 1950 and he was arrested in the year 1950 and kept in the Sub Jail of Alappuzha for a period of 11 months. The late husband of the petitioner is a holder of Thamrapathra and he died on 14/02/1980. Ext.P2 is the application of the petitioner for grant of S.S.S pension. The personal knowledge certificate issued by W.P.(C) Nos.31178/2004 & 12456//2007 -:3:- Sri.H.K.Chakrapani is produced as Ext.P3 and Exts.P4 and P5 are the certificates relating to the certifier. Ext.P6 is the copy of the non- availability of records certificate issued by the Chief Judicial Magistrate Court, Alappuzha and Ext.P7 is the non-availability of records certificate issued from the office of the Superintendent of Sub Jail, Alappuzha. 4. Ext.P2 application stands rejected as per Ext.P8 by the Government of India, mainly stating that the State Government has not recommended the application. The objection raised by the District Collector whose remarks are extracted in Ext.P8 is that “as per the available copy of the judgment P.E.10/1122, the name of petitioner's husband is not seen included”. 5. In the counter affidavits filed by the State Government in these two writ petitions, the stand taken apparently is that the names of the respective parties are not there in the judgment in case No.P.E.No.10/1122 M.E in the array of accused. Pursuant to the direction issued by this Court, a copy of the judgment in case No.P.E.No.10/1122 M.E has been made available by the learned Government Pleader and the petitioner in W.P.(C). No.12456/2007 has also produced it as Ext.P11. Along with counter affidavit in W.P.(C).No.31178/2004, the same has been produced as Ext.R2 W.P.(C) Nos.31178/2004 & 12456//2007 -:4:- (a). A perusal of the document shows that it is not a copy of the judgment in case No.P.E.No.10/1122 M.E (Sc.9/123). Column 17 of the document shows that the case has been transferred to the Addl.Temp.Sessions Judge, Thiruvananthapuram, and a list of total number of 25 accused has been shown in the cause title. No other details are available. Therefore, this cannot be treated as a copy of the judgment. What happened after the case was transferred to Addl.Temp.Sessions Judge, Thiruvananthapuram is not evident from the counter affidavit. 6. Obviously, the applications were not recommended treating the above mentioned document, namely, Ext.P11 in W.P.(C).No.12456/2007 as final. It is clear from the counter affidavit also that the State Government has treated the said document as a copy of the judgment. The learned counsel for the petitioners are right in pointing out that as many of the accused were underground, the list of accused shown in the said document cannot be treated as final. I find force in the above submission. 7. Therefore, the approach made by the State Government in respect of the applications relying upon the said document is not correct. It cannot be treated as a conclusive one. There is no plea in the counter affidavit that the total number of accused in P.E.No.10/1122 M.E was 25 W.P.(C) Nos.31178/2004 & 12456//2007 -:5:- only and the names shown in the document are conclusive. Therefore, no finality can be attached to the same. The matter will have to be re- considered in the light of the personal knowledge certificates, the non- availability of records certificates etc. relied on by the respective petitioners. Therefore, the writ petitions are disposed of in the following manner:- i. Ext.P11 in W.P.(C).No.31178/2004 and Ext.P8 in W.P.(C). No.12456/2007 are hereby quashed. ii. The State Government will forward a fresh verification-cum- entitlement report showing appropriate recommendation after considering the various certificates/materials relied upon by the respective parties within two months from the date of receipt of the judgment to the first respondent. iii. The first respondent will re-consider the issue based on the above within a further period of two months thereafter. iv. In the event of sanction of pension, the claim for arrears of pension from the date of application in these two cases will also be considered by the first respondent. No costs. (T.R. Ramachandran Nair, Judge.) ms