IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 WP(C).No. 11322 of 2004(W) -------------------------- PETITIONER: ------------------ P.M.KARUNAKARAN, PUTHENVELIL, PUNNAPRA P.O., ALAPPUZHA-688 004. BY ADV. SRI.K.K.SATHEESH SRI.R.PRABHAKARAN RESPONDENTS: ---------------------- 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 ADMINISTRATIONI (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.C.B.SREEKUMAR, ADDL.CGSC GOVERNMENT PLEADER SRI.A.JAYASANKAR, ADDL.CGSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS:- P1: Copy of the order of sanction of KFF Pension to the petitioner dtd. 28.1.1974 issued by the District Collector, Alappuzha. P2: Copy of the application for the grant of SSS Pension submitted by the petitioner to the respondents dtd.15.4.1998. P3: Copy of the PKC issued by Sri.Sukumaran dtd.24.3.1998. P4: Copy of the letter No.H3-222/98/SR dtd.29.3.2000 issued by the District Collector, Alappuzha. P5: Copy of the NARC issued by the Superintendent of Police, Alappuzha dtd.9.5.2000. P6: Copy of the NARC issued by the Chief Judicial Magistrate Court, Alleppey. P7: Copy of the affidavit duly attested by the Chief Judicial Magistrate, Alleppey dtd.15.4.2000. P8: Copy of the judgment dtd.19.6.2003 of this Hon'ble Court in OP.No. 23009/2001. P9: Copy of the letter No.52/CC/Ker/121/2001-FF(SZ) Lit.II dtd.12.1.2004 issued by the first respondent to the petitioiner. P10: Copy of the representation submitted by the petitioner dtd.31.1.2004. P11: Copy of the PKC issued by Sri.H.K.Chakrapani dtd.23.1.2004. P12: Copy of the order of sanction of SSS Pension vide No.119/PVS/104/ 99-FF(SZ) dtd.18.6.2003 issued by the 1st respondent. P13: Copy of the extract of Convict Register of Central Prison, Trivandrum issued by the Superintendent in respect of Sri.H.K.Chakrapani. RESPONDENTS' EXHIBITS:- Nil. ( true copy ) P.A. TO JUDGE. kvs/- T.R.RAMACHANDRAN NAIR, J. ========================= WP(C).No.11322 of 2004-W. ========================= Dated this the 8th day of February, 2008. J U D G M E N T The petitioner is a freedom fighter who had actively participated in the Punnapra – Vayalar Struggle. An arrest warrant was issued against him by the Special First Class Magistrate Court, Alappuzha in Case No.P.E.9/1122 ME. To evade the arrest he had gone underground for a period of more than one year from October, 1946 to November, 1947. 2. He is the recipient of pension under the Kerala Freedom Fighters' Pension Scheme as evident from Ext.P1. Ext.P2 is the application for pension under the Swatanthrata Sainik Samman Pension Scheme. The petitioner had produced the personal knowledge certificate issued by Sri.Kunjan Sukumaran along with Ext.P2. Pursuant to Ext.P4 letter of the District Collector he had produced Exts.P5, P6 and P7 also. Even though he had filed WP(C).No.11322 of 2004-W. 2 OP.No.23009/2001 which was disposed of by Ext.P8 judgment, he was informed as per Ext.P9 by the first respondent that the State Government has not recommended his claim due to the three reasons stated in Ext.P9. The main reasons are, that the certificate of Shri.V.S.Achuthananthan is not in the prescribed form and hence not acceptable, and that the certificate of Sri.Kunjan Sukumaran is also not acceptable. Thereafter the petitioner has filed Ext.P10 representation to reconsider his case in the light of Exts.P11, P12 and P13. Ext.P11 is the copy of the personal knowledge certificate issued by Sri.H.K.Chakrapani, Ext.P12 is the copy of the order granting SSS Pension to the said certifier and Ext.P13 is the copy of the true extract of the convict register of the Central Prison, Thiruvananthapuram also relating to the certifier Sri.H.K.Chakrapani. 3. In view of the above factual position there will be a direction to the State Government to reconsider the matter. The 2nd respondent will consider Ext.P10 along with Exts.P11 to P13 and forward a due verification come entitlement report showing WP(C).No.11322 of 2004-W. 3 the recommendation within a period of two months from the date of production of a copy of this judgment to the first respondent. On receipt of the same the first respondent will consider the matter afresh untrammelled by the observations contained in Ext.P9 and take appropriate decision in accordance with law, within a period of two months from the date of receipt of the communication from the 2nd respondent. In the event of sanction of pension the first respondent will consider the claim for arrears from the date of receipt of Ext.P2 application dated 15.4.1998. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-