IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 WP(C).No. 33068 of 2005(J) -------------------------------------- PETITIONER: ------------------- K.SANKARA DAS, AGED 87, THEKKEKULANGARA VEEDU, THANNEERMUKKOM P.O. CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.J.OM PRAKASH RESPONDENTS: ----------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS DIVISION, LOKNAYAK BHAVAN, NEW DELHI. 2. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.BOBY JOHN, CGC R2 BY GOVERNMENT PLEADER SMT.T.B.RAMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.33068/2005 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONERR DT. 18.5.98. EXT.P2:- COPY OF THE CETIFICATE ISSUED BY P.A.SOLOMON EX.M.P. DT. 25.6.1972. EXT.P3:- COPY OF THE CERTIFICATE DT. 13.5.98 OF THE SUPERINTENDENT OF SUB JAIL, ALAPPUZHA. EXT.P4:- COPY OF THE LETTER ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA TO THE PETITIONER DT. 4.8.73. EXT.P5:- COPY OF THE ORDER OF THE DISTRICT COLLECTOR, ALAPPUZHA DT. 4.12.78. EXT.P6:- COPY OF THE CO- PRISONER DT. 2.2.2001 ISSUED BY SRI.P.A.SOLOMON. EXT.P7:- COPY OF THE ORDER OF THE UNDER SECRETARY TO GOVERNMENT OF INDIA DT. 10.2.2003. EXT.P8:- CFOP ORDER DT. 3.12.2003 OF THE UNDER SECRETARY TO GOVERNMENT OF INDIA. EXT.P9:- COPY OF THE ORDER OF THE 2ND RESPONDENT DT. 10.12.2004. EXT.P10:- COPY OF THE REVIEW PETITION DT. 10.9.2005. EXT.P11:- COPY OF THE APPLICATION AND ORDER IN CASE NO.P.E.8/1122M.E. DT. 18.8.2005 OF THE C.J.M.COURT, ALAPPUZHA. EXT.P12:- COPY OF THE POSTAL RECEIPT DT, 10.9.2005. EXT.P13:- COPY OF THE LETTER DT. 28.1.04 ISSUED BY THE UNDER SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS. EXT.P14:- COPY OF THE ORDER OF THE LETTER ISSUED BY THE UNDER SECRETARY TO GOVERNMENT OF INDIA DT. 3.2.05. EXT.P15:- COPY OF THE JUDGMENT IN WP(C) NO.19261/05 DT. 31.06 OF THIS HONOURABLE COURT. /TRUE COPY/ P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR, J. = = = = = = = = = = = = = = = = WP(C).No.33068 OF 2005-J. = = = = = = = = = = = = = = = = Dated this the 4th day of January, 2008. J U D G M E N T The petitioner is a prominent freedom fighter who had participated in the Punnapra Vayalar Struggle which is recognised for the grant of Swatantrata Sainik Samman Pension. He is a recipient of Thamrapathra from the Central Government and is also the recipient of State Freedom Fighters Pension. The application of the petitioner for grant of pension is Ext.P1. He had produced the certificates from Sri.P.A.Solomon, Ex.M.P. and also from Sri.V.K.Viswanathan. The non-availability of record certificate from the Superintendent of Sub Jail, Alappuzha Ext.P3 has also been produced. He had earlier approached this Court by filing OP.No.8790/2000 and pursuant to the directions issued therein as per Ext.P7 the claim was rejected. Thereafter he filed OP.No.6389/2003 and a direction was issued by this Court to reconsider the matter again. By Ext.P9 he was informed by the State Government that because of certain defects and due to lack of WP(C).No.33068 OF 2005-J. 2 recommendation of the District Collector his case is not recommendable to the Central Government. The same is under challenge in this writ petition. 2. A reading of Ext.P9 shows that the apparent reason for not recommending his case is that the certificate of Sri.V.K.Viswanathan cannot be considered as a valid co-prisoner certificate and the certificate of Sri.P.A.Solomon is not acceptable as it is not supported by the jail records of the certifier. 3. The learned counsel for the petitioner submits that the State Government itself had granted pension to him based on the very same suffering and therefore the approach made by the Government cannot be accepted at all. Along with the reply-affidavit the petitioner has produced Ext.P13 which is a report of the Tahsildar on the application of the petitioner for grant of State pension. The report is in his favour and the period of imprisonment of 13 months is specifically mentioned in that report. According to the learned counsel, the same is a valid evidence in support of the claim of the petitioner and therefore if the relevant files of the District Collector while sanctioning State pension is perused by the State Government, the doubt will be cleared. WP(C).No.33068 OF 2005-J. 3 4. I find force in the above submission. The fact that the petitioner is a holder of Thamrapathra and also the recipient of State pension are not disputed. It is a case where his case is not being recommended for want of copies of official reports, but as his status as a prominent freedom fighter has already been considered by the District Collector for grant of State pension, the same could be a relevant aspect which can be considered while considering the case for recommendation to the Central Government. 5. Therefore, Ext.P9 is quashed. The State Government is directed to re-examine the case of the petitioner in the light of Ext.P13 produced in this writ petition, a copy of which will be made available to the State Government by the petitioner along with a representation within one month for verification and consideration. After a proper re- examination of the documents, the State Government will forward the verification-cum-entitlement report to the Central Government showing the recommendation, at any rate, within a further period of two months from the date of receipt of the representation from him. On the basis of the same the first respondent shall re-consider the issue and if the applicant is found eligible, appropriate orders shall be passed WP(C).No.33068 OF 2005-J. 4 within a period of two months from the date of receipt of the records from the State Government. The case of the petitioner for arrears of pension from the date of receipt of application Ext.P1 will also to be considered. The writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/