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. 27917 of 2005(W) ---------------------------------------- PETITIONER: -------------------- THANKAMMA BHARATHAN, W/O. LATE BHARATHAN, CHAKKALACKAL, ARATTUVAZHI WARD, ALAPPUZHA DISTRICT. BY ADV. SRI.K.K.SATHEESH RESPONDENTS: ------------------------- 1. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTER'S DIVISION, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-110 003. 2. STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.BABU KARUKAPADATH,ADDL.CGSC FOR R1 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.27917/2005 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, ALAPPUZHA DT. 3.9.93. P2:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DT. 21.4.1998 TO THE RESPONDENTS. P3:- COPY OF THE PKC ISSUED BY SRI.KUNJAN SUKUMARAN DT. 21.4.98. P4:- COPY OF THE NARC ISSUED BY THE CJM COURT, ALAPPUZHA. P5:- COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER DULY ATTESTED DT. NIL. P6:- COPY OF THE JUDGMENT DT. 19.12.02 OF THIS HONOURABLE COURT IN OP. 38526/02. P7:- COPY OF THE COMMUNICATION NO.2821/FFP A2/2003/GAD DT. 27.2.2003 ISSUED BY THE 2ND RESPONDENT. P8:- COPY OF THE COMMUNICATION NO.52/CC/KER/4/2003-FF(SZ) DT. 1.8.03 ISSUED BY THE IST RESPONDENT TO THE PETITIONER. P9:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DT. 26.7.05. P10:- COPY OF THE PKC ISSUED BY SRI. H.K.CHAKRAPANI DT. 3.7.2005. /TRUE COPY/ P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.27917/2005-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of October, 2008. JUDGMENT The petitioner is the widow of late Sri.Bharathan who was a Freedom Fighter, and who had actively participated in the Punnapra-Vayalar Movement during the Freedom Struggle. An arrest warrant was issued against him by the Special Magistrate Court, Alappuzha in case No.P.E 7/1122 ME and to evade arrest, he had gone underground for a period of nine months from October 1946 to July 1947. For this suffering he was granted pension under the State's Freedom Fighters' Pension Scheme as per Ext.P1. Ext.P2 is the application for grant of Swatantrata Sainik Samman Pension and, along with it petitioner had produced the Personal Knowledge Certificate issued by Sri.Kunjan Sukumaran (Ext.P3) and Non-availability of Records Certificate issued by the Chief Judicial Magistrate Court, Alappuzha (Ext.P4). Earlier, by Ext.P6 judgment, this Court had directed the respondents to pass orders in the matter. Thereafter, by Ext.P7 communication, the second respondent informed the petitioner that the application has not been recommended. The first respondent subsequently W.P.(C).No.27917/2005 -:2:- informed him that the application has been rejected for want of recommendation by the State Government. It appears that the deficiencies pointed out were in respect of Personal Knowledge Certificates and, therefore, the petitioner has filed a fresh representation evidenced as Ext.P9 along with Personal Knowledge Certificate issued by Sri.H.K.Chakrapani, another prominent Freedom Fighter. The same is produced as Ext.P10. Ext.P9 shows that the annexures therein include copy of the order of sanction of S.S.S Pension to Sri.H.K.Chakrapani and true copy of the extract of the convict register of Central Prison, Thiruvananthapuram in respect of him. 2. In the light of the fresh materials produced by the petitioner, I am of the view that the claim has to be reconsidered. Exts.P7 and P8 are quashed. There will be a direction to the State Government to consider Ext.P9 along with certificates produced by the petitioner and to forward a fresh Verification-cum-Entitlement Report showing the appropriate recommendation to the first respondent within a period of six weeks from the date of receipt of a copy of this judgment. On receipt of the same, the Central Government will pass appropriate orders within a further period of two months. In the event of grant of pension, his claim for arrears of W.P.(C).No.27917/2005 -:3:- pension from the date of Ext.P2 application, 21/04/1998, will also be considered. Writ petition is disposed of as above. No costs. (T.R. RAMACHANDRAN NAIR, JUDGE.) ms