IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 12775 of 2007(U) -------------------------------------- PETITIONER: ------------------ RAJAMMA, W/O.CHENNI KUMARAN, AGED 74, CHELAKKAPPALLIL FROM PADIKACHIRAYIL, KALAVAMKODAM P.O., CHERTHALA. BY ADV. SRI.J.OM PRAKASH RESPONDENTS: --------------------- 1. THE UNION OF INDIA REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.SANDESH RAJA K. GOVERNMENT PLEADER SMT. N.SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 12775/2007 U APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE EXTRACT OF THE REGISTER OF UNDER TRIAL PRISONER'S ISSUED BY THE SUPERINTENDENT CENTRAL JAIL, THIRUVANANTHAPURAM DT. 2/08/73. EXT.P2. COPY OF THE APPLICATION OF THE PETITIONER HUSBAND DT. 19/3/98. EXT.P3. COPY OF THE ORDER OF THE DIST. COLLECTOR, ALAPPUZHA DT. 6/1/72. EXT.P4. COPY OF THE LETTER OF THE DIST. COLLECTOR, ALAPPUZHA DT. 8/08/75. EXT.P5. COPY OF THE REPRESENTATION DT. 18/10/05 OF THE PETITIONER. EXT.P6. COPY OF THE APPLICATION AND THE ORDER IN CASE NO. P.E. 10/1123 M.E OF THE CJM COURT, ALAPPUZHA DT. 19/09/2005. EXT.P7. COPY OF THE CERTIFICATE OF SRI. P.A. SOLOMON, EX MP DT. 22/08/2005. EXT.P8. COPY OF THE ORDER OF THE UNDER SECRETARY TO GOVT. MINISTRY OF HOME AFFAIRS DT. 30/10/2006. EXT.P9. COPY OF THE REPORT OF THE TAHSILDAR, CHERTHALA DT. 25/11/71. EXT.P10. COPY OF THE LETTER OF THE UNDER SECRETARY TO GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS DT. 28/1/2004. EXT.P11. COPY OF THE ORDER OF THE UNDER SECRETARY TO GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS, DT. 3/2/2005. EXT.P12. COPY OF THE JUDGMENT IN WPC NO. 19261/2005 DT. 31/1/2006. RESPONDENT'S EXHIBITS NIL. True copy tga T.R.RAMACHANDRAN NAIR, J. ======================== WP(C).No.12775 of 2007-U. ======================== Dated this the 28th day of March, 2008. J U D G M E N T The petitioner's late husband is an applicant for grant of Swatantra Sainik Samman Pension. Presently his application has been rejected by Ext.P8 order. The same is under challenge in this writ petition. 2. The late husband of the petitioner was an active participant in the Punnapra-Vayalar struggle. He was arrayed as an accused in Case No.10/1123 ME of the Special Magistrate Court, Alappuzha. Pursuant to a non-bailable warrant issued against him, he was arrested and kept in the Sub Jail, Alappuzha from July, 1947 to November, 1947 and thereafter transferred to Central Prison, Thiruvananthapuram during the trial from 27th Vrichigom, 1123 ME to 16.6.1123 ME. Later he was acquitted by the Additional Sessions Judge, Thiruvananthapuram. Exts.P1 is WP(C).No.12775 of 2007-U. -: 2 :- the true extract of the register of under trial prisoners, Central Prison, Thiruvananthapuram. In Ext.P1 the date of admission into jail is shown as 27th Vrichigom, 1123 and by the endorsement against Col.No.15 he was acquitted on 16.6.1123. Therefore the under trial imprisonment in the Central Prison is for two months. The learned counsel for the petitioner submitted that prior to his under trial imprisonment in the Central Prison he was kept under the police lock-up and he had an under trial imprisonment of 10 months which is sufficient for the purpose of sanction of pension. 3. Reliance is placed on Ext.P9 which is the report of the Tahsildar submitted for considering the application for State Pension. In the opening column it is stated that, “applicant was under detention for 10 months in connection with Punnapra- Vayalar Samaram”. Against Col.No.7 it is remarked as, “though he was involved in PE10/1946 he is not known punished”. Against Col.No.2 it is recorded that, “he was under detention for 10 months”. Relying upon the same the learned counsel for the petitioner submitted that since the same being a document which WP(C).No.12775 of 2007-U. -: 3 :- had been there for the last 30 years, the Government was bound to accept the same as true and correct. Ext.P8 application was rejected mainly for want of recommendation by the State Government. 4. Going by the documents produced, the petitioner's late husband was an active participant in the Punnapra-Vayalar struggle. He was awarded Thamrapathra which is evidenced by Ext.P4. It is not clear from Ext.P8 as to the reasons which led to the Government not to recommend the case for sanction of pension. In the light of the fact that the State Government had sanctioned pension for the very same struggle which is evidenced by Ext.P3, I think the matter should get a proper and detailed consideration at the hands of the State Government afresh. 5. Therefore Ext.P8 is quashed. The State Government is directed to reconsider the issue in the light of Ext.P9 report of the Tahsildar and other documents relied upon by the petitioner. The petitioner is directed to produce an authenticated copy of Ext.P9 or any other relevant records before the 2nd respondent and on receipt WP(C).No.12775 of 2007-U. -: 4 :- of the same the 2nd respondent shall reconsider the matter and forward a verification-cum-entitlement certificate to the Central Government. The State Government shall consider the matter after calling for the relevant files from the District Collector, Alappuzha relating to Ext.P9. The needful shall be done within a period of two months from the date of production of a copy of this judgment. On receipt of the same, the first respondent shall reconsider the matter and pass appropriate orders regarding sanction of pension within a further period of two months from the date of receipt of the records from the State Government. If the first respondent is in favour of granting pension, the entitlement for arrears from the date of receipt of the application, which is dated 19.3.1998, will also be considered. The Writ Petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-