IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 35780 of 2007(H) ----------------------------------------- PETITIONER(S): ----------------------- P.K.CHELLAPPAN, PUNNACKAL HOUSE, NORTH ARYAD, MANNANCHERRY P.O., ALAPPUZHA - 688 538. BY ADV. MR.K.K.SATHEESH RESPONDENT(S): ------------------------ 1. UNION OF INDIA, REPRESENTED BY THE UNDER SECRETARY TO GOVT., MINISTRY OF HOME AFFAIRS FREEDOM FIGHTERS' DIVISION, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI - 110 003. 2. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVT., GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. MR.MAJNU KOMATH, ADDL.CGSC FOR R1 GOVERNMENT PLEADER FOR R1-2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.35780/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PROCEEDINGS NO. H4-36541/05 DT. 18.11.06 OF THE DISTRICT COLLECTOR, ALAPPUZHA. P2:- COPY OF THE APPLICATION DT. 29.12.06 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS. P3:- COPY OF THE AFFIDAVIT DULY ATTESTED BY THE JUDICIAL IST CLASS MAGISTRATE COURT, ALAPPUZHA DT. 29.12.06. P4:- COPY OF THE NARC ISSUED BY THE CJM COURT, ALLEPPEY. P5:- COPY OF THE PKC ISSUED BY SRI.H.K.CHAKRAPANI DT. 9.12.06. P6:- COPY OF THE LETTER NO.H3-1332/07 DT. 24.1.07 ISSUED BY THE DEPUTY COLLECTOR (GENERAL), COLLECTORATE, ALAPPUZHA TO THE PETITIONER. R2(a):- COPY OF THE GOVERNMENT LETTER NO.1265/FFPA2/07/GAD DT. 2.8.08. TRUE COPY P.A. TO JUDGE TSS HARUN-UL-RASHID, J. ---------------------------------------- W.P.(C) No.35780 of 2007 ---------------------------------------- Dated this the 27th day of March, 2009 JUDGMENT It is the case of the petitioner that he was a freedom fighter who had actively participated in the Punnapra-Vayalar movement during the freedom struggle. On account of his active participation in the said struggle, an arrest warrant was issued against him by the then Special Magistrate Court, Alleppey in case No.P.E. 7/1122 ME and in order to evade the arrest, he had gone underground for a period of about 16 months from 9.3.1122 ME to 11.7.1123 ME and as such he is entitled to get the benefit of”Swatantrata Sainik Samman pension” hereinafter referred to as the SSS Pension. 2. The petitioner is a recipient of Kerala Freedom Fighter's Pension (State Pension) . Ext.P1 is the proceedings of the District Collector dated 18.11.2006 granting state pension. 3. Since the petitioner is getting the benefit of State Pension as per Ext.P1, he has also applied for the grant of SSS pension (Central Pension) as the Punnapra-Vayalar struggle was recognised as a part of the National Freedom Struggle with effect from 20.1.1998. Ext.P2 is the application dated 29.12.2006. 4. Along with Ext.P2 application the petitioner has produced Ext.P3 affidavit dated 29.12.2006 duly attested by the Judicial 1st Class W.P.(C) No. 35780 of 2007 -2- Magistrate Court, Alappuzha, Ext.P4 Non- availability of record Certificate from the Chief Judicial Magistrate, Alleppey and Ext.P5 Personal knowledge Certificate issued by the freedom fighter Sri.H.K.Chakrapani who had undergone imprisonment in the Central Prison, Trivandrum for a period of more than 5 years and is also the recipient of SSS Pension as well as the holder of ”Thamrapathra award” 5. The Deputy Collector (General), Alappuzha vide Ext.P6 rejected the petitioner's application for want of official records and did not forward it to the State Government. Subsequently the State Government issued another order No.1265/FFP A2/2007/GAD dated 02.08.2008 which is produced as Ext.R2(a). In Ext.R2(a) it is stated that since the claim of the petitioner is not recommended by the District Collector, the same cannot be recommended to the Central Government 6. The documents referred above,are the relevant documents necessary for processing and recommending to the State and Central Governments The action on the part of the District Collector, Alappuzha is not justifiable. The Non- availability of Records Certificate and the Personal Knowledge Certificate issued by the competent authority and eligible person respectively, are in accordance with clause 9(a) of the SSS Pension scheme, which are appended along with the petitioner's application. 7. In the result, Ext.P6 and Ext.R2 (a) are quashed. There will be W.P.(C) No. 35780 of 2007 -3- 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 SSS Pension Scheme within one month 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 within 2 months thereafter . In the event of granting pension by the Central Government it is needless to say that the petitioner is entitled to the same with arrears if any from the date of receipt of Ext.P2 application dated 29.12.2006. This writ petition is disposed of. (HARUN-UL-RASHID, JUDGE) es. HARUN-UL-RASHID, J. --------------------------- W.P.(C) No.35780 of 2007 ---------------------------- JUDGMENT 27th March, 2009