IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 WP(C).No. 1947 of 2004(F) ------------------------------------- PETITIONER(S): ----------------------- V.K. KUMARAN, MANICHAMTHAYYIL, MANNANCHERRY P.O., ALAPPUZHA DISTRICT. 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 BHAVAN, KHAN MARKET, NEW DELHI-110 003. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SRI. AJITH KRISHNAN, ADDL.CGSC, SRI.S.KRISHNAMOORTHY, CGC. R2 BY GOVT. PLEADER MR.T.K. ARAVINDAKUMAR BABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 1947 of 2004(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALIENT FEATURES OF THE SSS PENSION SCHEME, 1980. EXT.P2: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR THE GRANT OF SSS PENSION TO THE RESPONDENTS DTED 02/05/1998. EXT.P3: COPY OF THE PKC ISSUED BY SRI.KUNJAN SUKUMARAN DATED 30/04/1998. EXT.P4: COPY OF THE NARC ISSUED BY THE CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA. EXT.P5: COPY OF THE LETTER NO.44375/FFP.A2/03/GAD DATED 05/06/2003 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P6: COPY OF THE REPRESENTATION DATED 02/01/2004 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P7: COPY OF THE PKC ISSUED BY SRI.H.K. CHAKRAPANI DATED 01/12/2003. EXT.P8: COPY OF THE ORDER OF SANCTION OF SSS PENSION TO SRI.H.K. CHAKRAPANI ISSUED BY THE 1ST RESPONDENT. EXT.P9: COPY OF THE EXTRACT OF THE CONVICT REGISTER OF CENTRAL PRISON, TRIVANDRUM ISSUED BY THE SUPDT. IN RESPECT OF SRI.H.K. CHAKRAPANI. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE rs. ANTONY DOMINIC, J. ``````````````````````````````````````````````````````` W.P.(C) No. 1947 of 2004 F ``````````````````````````````````````````````````````` Dated this the 11th day of October, 2010 J U D G M E N T Petitioner challenges Ext.P5. Petitioner states that he is a freedom fighter who had actively participated in the Punnapra Vayalar Movement during the freedom struggle. It is stated that on account of his participation in the said freedom struggle, an arrest warrant was issued against him in case No.PE 7/1122 ME on the file of the Special Magistrate Court, Alappuzha. According to him, in order to evade arrest, he had gone underground for a period from 24-10-1946 to 27- 10-1947. On that basis, he applied for the benefit of Kerala Freedom Fighters’ Pension. The application was processed, orders were issued and the petitioner is in receipt of such pension. 2. Petitioner also made an application for pension under the Swatantrata Sainik Samman Pension Scheme, 1980(Central Pension) which is governed by the provisions of WPC.1947/2004 : 2 : Ext.P1 scheme. However, his application was declined to be recommended by the second respondent as per order dated 31-03-2003. Petitioner pursued his claim by submitting further documents. However, that was also rejected as per Ext.P5. Again, the petitioner submitted Exts.P7 to P9. Even thereafter, his case was not recommended. It was in these circumstances, this writ petition is filed. 3. In Ext.P1 scheme, it is provided that a person who on account of his participation in freedom struggle remained underground for more than six months for the reason that an award of arrest was announced against him, is eligible for the freedom fighters’ pension payable under the scheme. It is the petitioner’s case that by Ext.P4, he had produced certificate of non availability of records from the Chief Judicial Magistrate, Alappuzha and, therefore, in terms of clause 2.3(b), secondary evidence of Personal Knowledge Certificate from a prominent freedom fighter produced by him ought to have been accepted and pension should be granted to him on that WPC.1947/2004 : 3 : basis. Thus, it is clear that Ext.P1 scheme provides that those who have gone underground, for the reason that an award of arrest was announced against him and the scheme also provides that in case records for the relevant period are not available, secondary evidence in the form of Personal Knowledge Certificate from a prominent freedom fighter, who has proven jail suffering for a minimum two years and who happened to be from the same administrative unit could be considered provided the genuineness of the certificate is found acceptable to the State Government. 4. Turning to the facts of this case, Ext.P4 certificate issued by the Court shows that no records concerning the case in which the petitioner was involved are available. It was in these circumstances that the petitioner has produced Exts.P2 and P7, two certificates issued by two prominent freedom fighters, who have suffered more than the prescribed two years of imprisonment. From these Personal Knowledge Certificates, it is clear that petitioner has remained WPC.1947/2004 : 4 : underground for more than six months. As far as the eligibility of the person, who was issued Ext.P7 certificate is concerned, petitioner has also produced Exts.P8 and P9 which show that the author of Ext.P7 certificate is already sanctioned freedom fighters’ pension under the Central Scheme and Ext.P9 register shows that he has undergone imprisonment for more than two years. If that be so, the person who has issued Ext.P7, Sri.H.K.Chakrapani, fully satisfied the eligibility prescribed in clause 2.3(b) of Ext.P1 to issue the Personal Knowledge Certificate in which event, in the absence of anything to suspect the genuineness of the certificate, there is no reason for declining to recommend the application of the petitioner for pension under Ext.P1 scheme. In that view of the matter, I see no good grounds to sustain Ext.P5, the order rejecting the application made by the petitioner for the benefit of Ext.P1. 5. However, referring to the order dated 18-12-2008, passed by this Court, requiring the respondents to produce WPC.1947/2004 : 5 : documents concerning the Punnapra Vayalar freedom struggle and the records that were produced in pursuance thereof, learned Government Pleader pointed out certain contradictions in the claims of the persons who have issued Exts.P2 and P7 certificates. However, in my view, those contradictions are too minor and so long as the certificates can be accepted as Personal Knowledge Certificates as contemplated in clause 2.3(b) of Ext.P1, respondents cannot decline to make recommend on the application made by a person who is otherwise deserving for the benefit of Ext.P1. In that view of the matter, I am not persuaded to accept the technical objections now raised by the learned Government Pleader to uphold Ext.P5 declining to recommend the application of the petitioner. 6. Therefore, I quash Ext.P5 and direct the second respondent to recommend the application made by the petitioner to the first respondent. This, the second respondent shall do, as expeditiously as possible, at any rate, WPC.1947/2004 : 6 : within three months from the date of production of a copy of this judgment. 7. Needless to say, on receipt of the recommendation as above, the first respondent shall consider the application made by the petitioner in the light of the provisions contained in Ext.P1 scheme and final orders in the matter shall be passed, at any rate, within six months thereafter. Writ petition is disposed of as above. Sd/- (ANTONY DOMINIC, JUDGE) aks // True Copy // P.A. To Judge