IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 29TH JANUARY 2009 / 9TH MAGHA 1930 WP(C).No. 2625 of 2005(K) ------------------------- PETITIONER: --------------- AGNES SOLOMON W/O. LATE A.J.SOLOMON, ARAYASSERIL HOUSE, BEACH WARD, ALAPPUZHA. BY ADV. SRI.K.K.SATHEESH RESPONDENT(S): --------------- 1. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS FREEDOM FIGHTERS' DIVISION, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI 110 003. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ALAPPUZHA. R1 BY ACGSC SRI P. PARAMESWARAN NAIR R1 BY ADV. SRI THOMAS MATHEW NELLIMOOTIL BY GOVERNMENT PLEADER SRI SHYSON P. MANGUZHA FOR R.2 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.2625/2005 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE PROCDINGS OF THE 3RD RESPONDENT VIDE ORDER NO.4.DIS.34386/71/FE9 DTD.25/1/1972. EXT.P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONR FOR THE GRANT OF SSS PENSION. EXT.P3 TRUE COPY OF THE CO-PRSONER CERTIFICATE ISSUED BY SRI P.A.SOLOMON, EX- MP DTD. 22/10/72. EXT.P4 TRUE COPY OF THE NARC ISSUED BY THE SUPERINTENDENT SUB JAIL, ALAPPUZHA DTD. 2/2/98. EXT.P5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER ;DTD. 8/12/04. EXT.P6 TRUE COPY OF THE CO-PRISONER CERTIFICATE ISSUED BY P.A.SOLOMON, EX-MP IN THE PRSCRIBED FORM DTD. 12/11/2004. EXT.P7 TRUE COPY OF THE LETTER NO.52/CC/KR/20/2001-FF(SZ) DTD. 28/1/04 ISSUED BY THE IST RESPONDENT TO THE 2ND RESPONDENT. EXTP8 TRUE COPY OF THE LTTER NO.H3.59688/04 DTD. 30/12/2004 ISSUED BY THE 3RD RESPONDENT. HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.2625 OF 2005 ---------------------------- DATED THIS THE 29TH DAY OF JANUARY, 2009 JUDGMENT Petitioner is the widow Sri A.J. Solomon, who is said to be a freedom fighter participated in the Punnapra-Vayalar movement during the freedom struggle. It is stated in the writ petition that he had undergone imprisonment in the Sub Jail, Alappuzha for a period of more than ten months from 10/11/1946 to 15/9/1947 in connection with Case No.PE.7/1122 ME on the file of the Judicial First Class Magistrates' Court, Alappuzha and therefore he is entitled to get the benefit of “Swatantrata Sainik Samman Pension”. Ext.P1 is the order passed by the State Government granting State Pension w.e.f. 1/4/1971. Ext.P2 is the application filed under the Swatantrata Sainik Samman Pension Scheme. The application was supported by the certificate issued by Sri P.A. Solomon, Ex-MP and the NARC issued by the Superintendent of Sub Jail, Alappuzha, which are produced as -2- W.P.(C)No.2625/2005 Exts.P3 and P4 respectively. Since Ext.P3 certificate issued by the Ex-MP is not in the prescribed form, the petitioner subsequently produced Co-prisoner certificate issued by him in the prescribed form, which is marked as Ext.P6. It is submitted by the petitioner that her application is supported by NARC issued by the Jail Authority and the certificate of detention issued by the Ex-MP. According to her, the requirement under the SSS Scheme is satisfied and therefore it is for the State Government to scrutinise the application, for which they should make enquiries through the District Collector, Tahsildar or Village officer, as the case may be, and forward the verification report as well as the entitlement to pension report (recommendation) to the Central Government. Therefore, the rejection of the claim at the hands of the District Collector is illegal. The District Collector has no authority to inform the petitioner that her application cannot be considered. The only duty of the District Collector is to forward his report to the State Government for the purpose of enquiry -3- W.P.(C)No.2625/2005 under Clause 10 of the SSS Scheme. Therefore, Ext.P8 is quashed. The State Government shall consider Ext.P2 application and forward the reports as envisaged under Clause 10 of the SSS Scheme to the Central Government within a period of one month from today, if the petitioner is found eligible. On receipt of the reports, the Central government shall pass fresh orders within a period of two months thereafter. Needless to say that the applicant is entitled to arrears of pension from the date of Ext.P2 application. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.