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. 17636 of 2005(Y) -------------------------------------- PETITIONER: ------------------ * 1. T.A.KRISHNAN, GOURISA BHAVANAM, AROOR PANCHAYATH, CHANDIROOR, VELUTHULLY COLONY, CHERTHALA TALUK, ALAPPUZHA DISTRICT. (* DECEASED) * SUPPL. P2 IMPLEADED 2. THANKAMMA @ VILASINI, W/O.LATE T.A.KRISHNAN, GOURISA BHAVANAM, AROOR PANCHAYAT, CHANDIROOR VELUTHULLY COLONY, CHERTHALA TALUK, ALAPPUZHA DISTI. * IMPLEADED AS THE SUPPLEMENTARY 2ND PETITIONER, WHO IS THE WIFE OF THE DECEASED 1ST PETITIONER, VIDE ORDER DATED 14/08/07 IN I.A.10893/07. BY ADV. SRI.K.K.SATHEESH RESPONDENTS: ---------------------- 1. UNION OF INDIA, REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS' DIVISION, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-110 003. 2. STATE OF KERALA, REP. BY THE SECRETARY, GENERAL ADMINISTRATION(FFP.A)DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.P.K.RAVIKRISHNAN FOR R2 ADV. SRI.JOBY CYRIAC, CGC FOR R1 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. 17636/2005-Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.N4.49305/80/R.DIS. DATED 25/11/1980 ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA. EXT.P2: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR THE GRANT OF SSS PENSION DATED 16/04/1998. EXT.P3: COPY OF THE CERTIFICATE ISSUED BY SRI.C.G.SADASIVAN . EXT.P4: COPY OF THE AFFIDAVIT DULY ATTESTED BY THE JUDICIAL 1ST CLASS MAGISTRATE-II, CHERTHALA DATED 10/11/1998. EXT.P5: COPY OF THE COMMUNICATION NO.H3/98/SR DATED 22/01/2001 ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA TO THE PETITIONER. EXT.P6: COPY OF THE NARC ISSUED BY THE JUDICIAL 1ST CLASS MAGISTRATE-I, CHERTHALA. EXT.P7: COPY OF THE COMMUNICATION NO.14184/FFP.A2/02/GAD DATED 14/06/02 ISSUED BY THE 2ND RESPONDENT. EXT.P8: COPY OF THE COMMUNICATION NO.94806/FFP.A2/02/GAD DATED 04/01/2003 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P9: COPY OF THE REPRESENTATION DATED 30/04/2005 SUBMITTED BY THE PETITIONER EXT.P10: COPY OF THE NARC ISSUED BY THE SUPDT. OF POLICE, ALAPPUZHA. EXT.P11: COPY OF THE PKC ISSUED BY SRI.H.K.CHAKRAPANI DATED 04/10/2003. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.17636 of 2005-Y - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of October 2008. JUDGMENT The late husband of the supplementary second petitioner was a prominent freedom fighter who had actively participated in the Punnapra Vayalar struggle during freedom movement. It is stated that on account of the participation in the said struggle, an arrest warrant was issued against him by the First Class Magistrate Court, Cherthala in Case No.PE 5/1122 ME. He had gone underground for a period of about seven years from 1946 to 1953. The late first petitioner was granted pension by the State Government as per Ext.P1 order of the District Collector, Alappuzha. Ext.P2 is the application submitted by him for grant of SSS Pension. Ext.P3 is the personal knowledge certificate issued by Shri C.G. Sadasivan Ex. MLA. Thereafter, the District Collector, Alappuzha directed the petitioner to furnish some documents. The petitioner thereupon submitted a representation. Along with the said representation, the petitioner had produced the personal knowledge certificate issued by two other prominent freedom fighters, viz. Shri P.K. Surendran and Shri Ittiyathi Vasudevan and also the non-availability of records certificate issued by the Judicial First WPC 17636/2005 -2- Class Magistrate Court-I, Cherthala (Ext.P6). As per Exts.P7 and P8 communications issued by the second respondent, the application is rejected for the reason that the certificates issued by the two certifiers, viz. Shri P.K. Surendran and Shri Ittiyathi Vasudevan are not acceptable, as they had not suffered imprisonment for a period of two years. Exts.P7 and P8 show that the application of the petitioner was not forwarded for want of proper records. 2. Thereafter, the petitioner has filed Ext.P9 representation before the Government enclosing the non-availability of records certificate issued by the Office of the Superintendent of Police, Alappuzha and the personal knowledge certificate issued by Shri H.K. Chakrapani along with the copy of the order of sanction of SSS pension to the said certifier and his jail records. 3. It is stated that Ext.P9 representation is pending. Therefore, the matter will have to be considered afresh by the State Government and there will be a direction to the State Government to consider Ext.P9 along with the personal knowledge certificate issued by Shri H.K. Chakrapani and other certificates produced by the petitioner. The same shall be done within a period of six weeks from the date of receipt of a copy of this judgment. A fresh verification-cum-entitlement report showing the appropriate WPC 17636/2005 -3- recommendation will be forwarded by the State Government to the Central Government. On receipt of the same, the Central Government will pass final orders within a further period of two months. In the event of grant of pension, the claim of the petitioner for arrears from the date of receipt of the application (Ext.P2 dated 16.4.1998) will also be considered. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/