IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 12TH JULY 2010 / 21ST ASHADHA 1932 WA.No. 1142 of 2009 ------------------------ AGAINST THE JUDGEMENT IN WPC.2657/2007 Dated 09/12/2008 .................... APPELLANT/PETITIONER: ---------------------------- P.KAMALADHARAN, VETTICKAL VELI, 84, KANNANKARA P.O., ALAPPUZHA. BY ADV. SRI.J.OM PRAKASH RESPONDENTS/RESPONDENTS: ----------------------------------- 1. THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL ADMINISTRATION, SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SRI.C.S.AJITH PRAKASH R2 BY SR.GOVERNMENT PLEADER SMT.K.MEERA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, C.J. & P.N.Ravindran, J. ------------------------------------------ W.A. No.1142 of 2009 ------------------------------------------ Dated this the 12th day of July, 2010 JUDGMENT Ravindran, J. The appellant moved the Central Government for grant of freedom fighters pension under the Swathanthratha Sainik Samman Pension Scheme, 1980. An application in that regard was submitted to the State of Kerala for onward transmission to the Central Government as per the procedure prescribed in the said Scheme. The appellant claimed freedom fighters pension on the ground that pursuant to the warrant of arrest issued by the Special Magistrate Court, Alappuzha in case No.P.E.8/1122(M.E.) corresponding to 1946, he had gone underground for more than six months during the period from 12.3.1122 to 11.12.1122 ME, as a result of which he was declared a proclaimed offender. In the application for pension, a copy of which is on record as per Ext.P1, he had merely stated that he had gone underground for a period of nine months. To enable W.A.No.1142 of 2009 - 2 - him to produce a copy of the warrant of arrest along with the application, the appellant moved Ext.P3 application before the Chief Judicial Magistrate Court, Alleppey for a copy of the warrant of arrest. The said application was rejected on 12.10.2001 with the following endorsement: “Submitted Application for copy of arrest warrant. It is not stated to which court the records relate. There is nothing to show that the said P.E.8/1122 related to this court. If at all there was such a case, it is not known what way the petitioner was connected with it. The said record is not available in this court. Hence the application may be rejected. For orders Sd/- 12.10.01 Rejected Sd/- 12/10/01 Sheristadar” 2. Thereupon, the appellant submitted Ext.P1 application enclosing with it the personal knowledge certificates issued by two other freedom fighters who are receiving freedom fighters pension from the Central Government. In the said certificates they had certified that the appellant had gone underground for more than six months during the period from 12.3.1122 to 11.12.1122 on account of his participation in the W.A.No.1142 of 2009 - 3 - Punnapra - Vayalar Struggle. However, in the said certificates it was not stated whether the appellant was a proclaimed offender or a person on whom an award for arrest was announced by the Government or a person for whose detention the Government had issued an order. Since the appellant did not prove the fact that he had gone underground pursuant to the warrant of arrest issued by a competent court or on being declared a proclaimed offender or on the Government passing an order for his arrest or detention, the State Government did not recommend grant of freedom fighters pension to him. The Central Government after considering the appellant's application held that the appellant does not fulfil the eligibility criteria for grant of Swathanthratha Sainik Samman Pension and his application was accordingly rejected by Ext.P11 order dated 12th September, 2006. The instant writ petition was thereupon filed challenging Ext.P11 order and seeking grant of freedom fighters pension with effect from the date of Ext.P1 application. By judgment delivered on 9th December, 2008 the learned single Judge dismissed the writ W.A.No.1142 of 2009 - 4 - petition. Hence this writ appeal. 3. We heard Sri.J.Omprakash, learned counsel appearing for the appellant. We have also gone through the pleadings and the materials on record. The appellant claimed grant of freedom fighters pension under the provisions of the Swathanthratha Sainik Samman Pension Scheme, 1980 on the ground that he was a proclaimed offender as he had evaded execution of a warrant of arrest. As per the Scheme, the best evidence to prove the applicant's eligibility is the order of the court/Government proclaiming the applicant to be a proclaimed offender or announcing an award on his head or for his arrest or detention. In the absence of such primary evidence a Non- availability of Records Certificate issued by the State Government and personal knowledge certificates issued by two co-prisoners should have been produced. The appellant has not admittedly produced a copy of the warrant of arrest or the Non- availability of Records Certificate. In such circumstances, it cannot be said that the decision taken by the Central W.A.No.1142 of 2009 - 5 - Government to reject the appellant's application is arbitrary. The Central Government have in Ext.P11 given valid reasons in support of the conclusion arrived at by them that the appellant is not eligible for grant of Swathanthratha Sainik Samman Pension. The learned single Judge has, in our opinion, rightly upheld Ext.P11. Even in the writ petition, no material was produced to show that the finding of the Central Government on the appellant's eligibility is infirm. We are therefore of the considered opinion that the decision of the learned single Judge does not merit interference. For the reasons stated above, we hold that there is no merit in the writ appeal. The writ appeal fails and is accordingly dismissed. J.Chelameswar, Chief Justice P.N.Ravindran, Judge vns