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. 16849 of 2004(E) ------------------------------------- -- PETITIONER: -------------------- PAVANAVALLY AMMA, PERIYARATH VELIYIL, THANNEERMUKKOM NORTH, KARIKKAD POST, CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.B.KRISHNA MANI RESPONDENTS: ------------------------ 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE UNDER SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, LOK NAIK BHAVAN, KHAN MARKET, NEW DELHI -110 003. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, GOVERNMENT OF INDIA, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR, ALAPPUZHA. ADV. SRI. AJITH KRISHNAN, ADDL.CGSC FOR R1 GOVERNMENT PLEADER SRI.P.K.RAVIKRISHNAN - R3 & R4 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.16849/2004 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER DT. 27.3.1989 ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA. P2:- COPY OF THE APPLICATION DT. 18.5.98. P3:- COPY OF THE PROCEEDING DT. 9.7.74 ISSUED BY THE CHIEF JUDICIAL MAGISTRATE , ALLEPPEY. P4:- COPY OF THE CERTIFICATE DT. 6.6.74 ISSUED BY SUB INSPECTOR OF POLICE, CHERTHALA. P5:- COPY OF THE CERTIFICATE DT. 16.4.88 ISSUED BY SRI.P.K.CHANDRANANDAN, AMBALAPPUZHA. P6:- COPY OF THE CERTIFICATE DT. 10.5.98 ISSUED BY SRI.VISWANATHAN. P7:- COPY OF THE PROCEEDINGS DT. 19.6.87. P7(a):- COPY OF THE ORDER DT. 22.3.1973. P8:- COPY OF THE CERTIFICATE DT. 16.4.98 ISSUED BY THE SUPERINTENDENT OF CENTRAL JAIL, THIRUVANANTHAPURAM. P9:- COPY OF THE JUDGMENT DT. 14.1.02 IN OP. 6904/2000 BEFORE THE HIGH COURT OF KERALA, ERNAKULAM. P10:- COPY OF THE ORDER DT. 13.6.02 PASSED BY THE 2ND RESPONDENT. P11:- COPY OF THE JUDGMENT DT. 8.4.03 IN OP. NO.24234/02 BEFORE THE HIGH COURT OF KERALA, ERNAKULAM. P12:- COPY OF THE NOTICE DT. 17.6.03 ISSUED BY THE DISTRICT COLLECTOR. P13:- COPY OF THE NOTICE DT. 26.8.03 ISSUED BY THE DISTRICT COLLECTOR. P14:- COPY OF THE PROCEEDINGS DT. 14.11.2003 ISSUED BY THE 3RD RESPONDENT. P15:- COPY OF THE COMMUNICATION DT. 27.11.03 ISSUED BY THE 2ND RESPONDENT. P16:- COPY OF THE AFFIDAVIT BY SRI.VISWANATHAN. /TRUE COPY/ P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - WP.(C)No.16849 of 2004-E - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 6th October, 2008. JUDGMENT Aggrieved by the rejection of the application for grant of Swathanthratha Sainik Samman Pension, the petitioner has approached this court in this writ petition. The petitioner had approached this court earlier in O.P.No.24234/2002 which was disposed of by Ext.P11 judgment. The claim of the petitioner for grant of pension was directed to be reconsidered within a period of six months from the date of receipt of the judgment. Thereafter, by Ext.P12 the petitioner was directed to make available the records in support of the claim. By Ext.P14, the State Government informed the petitioner that the application is not being recommended only for the reason that all the records in respect of the certifier Shri V.K. Viswanathan have not been produced and there are no acceptable documentary evidence or acceptable certificates in respect of the claim. Since the State Government did not recommend the application, the Central Government also rejected the same under Ext.P15. These orders are under challenge in this writ petition. 2. The State has filed a counter affidavit pointing out that Ext.P5 WPC 16849/2004 -2- certificate is not acceptable, as the certifier has no proven jail sufferings of two years as insisted by the scheme for grant of S.S.S. Pension. The jail records of the certifier is also not seen produced. It is further pointed out that no additional evidence was produced by the petitioner at the time of hearing. 3. Learned counsel for the petitioner submitted that herein, two competent certifiers, viz. Shri P.K. Chandranandan, Ex.M.L.A. and Shri V.K. Viswanathan who was a prominent freedom fighter and recipient of S.S.S. Pension have certified the sufferings of the deceased husband of the petitioner. My attention was drawn to Ext.P5 issued by Shri P.K. Chandranandan. Going by the Scheme, if the certifier happens to be an Ex.M.L.A., only one co-prisoner's certificate is required. In the absence of official records, the non-availability of records certificate (NARC) and one Personal Knowledge Certificate from a prominent freedom fighter are required. In such cases, the said freedom fighter should be a person who had undergone imprisonment for a period of at least two years. Ext.P6 is the certificate issued by Shri V.K.Viswanathan in which he has certified that he has suffered actual imprisonment for more than five years during the freedom struggle and was lodged in Central Jail, Trivandrum District during the period from 18.4.1943 to 5.4.1946. Ext.P7 is the order issued by WPC 16849/2004 -3- the Government of India granting SSS Pension to the said certifier. 4. There cannot be any dispute that the two certifiers are competent certifiers and the only deficiency pointed out is the absence of jail records of the certifiers. In fact, learned counsel for the petitioner, relying upon Ext.P8, submits that as far as Shri V.K. Viswanathan is concerned, since the original jail records of the year 1942 are not available, the Superintendent, Central Prison, Trivandrum has informed him as per letter dated 16.4.1996 that the copy of the jail records cannot be issued. This aspect has not been considered by the State Government. The production of his jail records therefore is not possible. Going by Ext.P7, it is clear that Shri V.K. Viswanathan has been granted SSS Pension by the Central Government after fully satisfying that he is eligible for such pension. It seems that the Government of India has satisfied about his jail sufferings, etc. There is nothing to indicate that the said certifier is not a competent certifier. So is the case of Shri P.K. Chandranandan, Ex.M.L.A. Hence, the certificates produced ought to have been considered, especially in the light of Ext.P8. 5. Therefore, Exts.P14 and P15 are quashed. The petitioner is directed to produce any additional material available, within a period of six weeks from today. On receipt of the same, the third respondent will reconsider the matter and forward a fresh verification-cum-entitlement WPC 16849/2004 -4- report showing appropriate recommendation, to respondents 1 and 2 within a further period of six weeks thereof. On the basis of the said report, the first and second respondents will reconsider the matter afresh and pass orders within a further period of two months. In the event of sanction of pension, the entitlement of the applicant to get arrears from the date of receipt of the application before the Central Government will also be considered. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/