IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WP(C).No. 26489 of 2005(C) -------------------------- PETITIONER(S): -------------- T.N. KUMARAN, THYVALATH HOUSE, KODUNGALLUR, TRICHUR DISTRICT. BY ADVS. SRI.M.CHATHUKUTTY NAMBIAR SRI.RAJAKRISHNAN. K RESPONDENT(S): -------------- 1. THE DISTRICT COLLECTOR, TRICHUR. 2. THE SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE SECRETARY TO UNION OF INDIA MINISTRY OF HOME AFFAIRS, FF DIVISION LOK NAYAK BHAVAN, NEW DELHI. R1 BY ADV. SRI.JOHN VARGHESE, ASSISTANT SG R1 & R2 BY GOVERNMENT PLEADER SRI.P.A.SANEER R3 BY ADVS. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR SRI.P.S.BIJU, ADDL.CGSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2011, ALONG WITH W.P(C)NO.25793/2005 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VPV WPCNO.26489/2005 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE SWATANTRATA SAINIK SAMMAN PENSION SCHEME. EXT.P2 : PHOTOCOPY OF THE JUDGMENT IN O.P.NO.17953/2001 DATED 20-3-2003. EXT.P3 : PHOTOCOPY OF THE ORDER DATED 2-4-2004 BY THE 1ST RESPONDENT. EXT.P4 : PHOTOCOPY OF THE LETTER ADDRESSED TO THE CHAIRMAN, PETITION'S COMMITTEE, NEW DELHI DATED 9-2-1989. EXT.P5 : PHOTOCOPY OF THE ORDER OF THE SANCTION OF THE STATE PENSION. EXT.P6 : COPY OF THE CERTIFICATE ISSUED BY T.C.N. MENON, ADDL. ADVOCATE GENERAL DATED 11-11-1981. EXT.P7 : PHOTOCOPY OF THE LETTER FROM P.M.THOMAS DATED 12-5-1981. EXT.P8 : PHOTOCOPY OF THE CERTIFICATE FROM P.K.GOPALAKRISHNAN MLA DATED 3-11-1981. EXT.P9 : PHOTOCOPY OF THE LETTER FROM SRI.INDRAJIT GUPTA. EXT.P10: PHOTOCOPY OF THE CERTIFICATE ISSUED FROM CENTRAL PRISON, VIYUR DATED 2-11-1981. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE VPV B.P. RAY, J. - - - - - - - - - - - - - - - - - W.P.(C) No.26489 of 2005 - - - - - - - - - - - - - - - - Dated this the 14th day of October, 2011. JUDGMENT The petitioner is a freedom fighter and is getting pension from the State of Kerala and has applied to the Central Government for grant of Swatantrata Sainik Samman Pension (Central Freedom Fighters Pension) since 1972. No final decision has been taken by the Central Government in this regard. 2. Heard the learned counsel for the petitioner and the learned Assistant Solicitor General. The learned counsel for the petitioner has given me a copy of the judgment in O.P. No. 30679 of 2000. 3. It has been repeatedly held by the Supreme Court that when freedom freighters are applying for pension, it is for the State Government to verify the same. As already all the documents may not be with them, the non availability of records certificate issued by the Jail authorities was considered and found that the contention of the petitioner are correct and by Ext.P2 State Government recommended for the grant of Central W.P.(C) No. 26489/2005 -:2:- Pension. So, after verification of the matter by the State Government and after finding that all the requirements under the scheme have been complied with, the request may not be rejected for non-production of non-availability of records certificate. Neither it is disputed at the Bar nor there is any iota of doubt to show that the petitioner is a freedom fighter. 4. In the above circumstances, I direct the Central Government to grant pension to the petitioner and pension should be paid within three months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. sd/- B.P. RAY, JUDGE. rv W.P.(C) No. 26489/2005 -:3:- B.P. RAY, J. ----------------------------------------------------------- O.P.No. 13887 of 2002 ------------------------------------------------------------- Dated this the 20th day of September, 2011. JUDGMENT W.P.(C) No. 26489/2005 -:4:-