IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 24402 of 2008(E) --------------------------------------- PETITIONER: ------------------- OMANA, D/O N.S. RAMAN, ANANDABHAVAN, KORAKKODU, KOLLAYIL P.O., CHITHRA, KOTTARKKARA, KOLLAM. BY ADV. SRI.J.OM PRAKASH. RESPONDENTS: ------------------------ 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SRI.T.SANJAY, CGC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.24402/2008-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPLICATION SUBMITTED BY THE MOTHER OF THE PETITIONER DTD 01/06/96. EXT.P.2: COPY OF THE CONVICT REGISTER OF THE CENTRAL PRISON, THIRUVANANTHAPURAM ISSUED BY THE SUPERINTENDENT, CENTRAL PRISON, THIRUVANANTHAPURAM DTD. NIL. EXT.P.3: COPY OF THE ORDER OF THE DISTRICT COLLECTOR, KOLLAM DTD. 12/12/2007. EXT.P.4: COPY OF THE ORDER OF THE UNDER SECRETARY TO GOVERNMENT OF INDIA DTD. 15/12/2005. EXT.P.5: COPY OF THE REPRESENTATION OF THE PETITIONER DTD. 30/01/2008. RESPONDENTS' EXHIBITS: EXT.R1: COPY OF THE LETTER DTD. 20/01/2003 REJECTING THE CLAIM FOR SSS PENSION. EXT.R2: COPY OF THE LETTER DTD. 15/12/2005 REJECTING THE CLAIM OF THE MOTHER OF THE PETITIONER FOR SSS PENSION. //TRUE COPY// P.S. TO JUDGE. prv. V.GIRI, J. ------------------------- W.P.(C).No.24402 of 2008 ------------------------- Dated this the 26th day of November, 2008. JUDGMENT The petitioner is the daughter of one N.S.Raman. According to the petitioner, her father N.S.Raman had participated in the Punnapra Vayalar struggle, as part of the Freedom Struggle, stated to be so recognised by the Union Government. After the death of her father, her mother filed an application Ext.P1 for family pension under the Swatantratha Sainik Samman Pension scheme. This was rejected under Ext.P4 order passed by the Government. According to the petitioner, her mother was disabled from producing adequate documents before the Government showing that her father had undergone imprisonment for the period from 15.3.1950 to 1.1.1951 in the Central Prison, Thiruvananthapuram. Her mother was relying on a certificate issued by one V.K.Viswanathan, stated to be another freedom fighter, who had W.P.(C).NO.24402/08 :: 2 :: knowledge of the imprisonment or underground suffering which late Raman was subjected to. 2. The petitioner thereafter filed Ext.P5 before the State Government and specific reference has been made to the imprisonment suffered by Raman from 15.3.1950 to 1.1.1951. It is also contended that the only reason for rejecting the claim made by the petitioner's mother was her inability to produce adequate documents. It has now been rectified by the certificate produced by the petitioner along with Ext.P5. The petitioner, therefore, prays for a direction to the respondents to grant her family pension. She has made this claim because her mother also passed away in the year 2007. 3. A counter affidavit has been filed by the respondents. The respondents show willingness to consider the petitioner's claim. 4. In the result, the writ petition is disposed of directing the 2nd respondent to W.P.(C).NO.24402/08 :: 3 :: conduct an enquiry into Ext.P5 and take a decision as regards the petitioner's eligibility as a dependent of N.S.Raman. This shall obviously involve a determination as to whether late Raman was eligible to be treated as a freedom fighter and otherwise eligible to receive family pension from the Government. If these points are found in favour of the petitioner, then a report may be forwarded by the 2nd respondent to the 1st respondent within three months from the date of receipt of a copy of this judgment. In the event of the petitioner being found ineligible, then a reply may be given within the aforementioned period. If the 2nd respondent forwards a report certifying the petitioner's eligibility, then the 1st respondent shall pass orders as regards disbursal of family pension within three months from the date of receipt of a copy of the report from the 2nd respondent. W.P.(C).NO.24402/08 :: 4 :: The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 2nd respondent for compliance. Sd/- (V.GIRI) JUDGE sk/ //true copy//