IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 3RD DECEMBER 2010 / 12TH AGRAHAYANA 1932 WP(C).No. 26406 of 2010(A) -------------------------------------- PETITIONER: ------------------- MEENAKSHY, AGED 79, W/O.PAPPU DAMODARAN, THOTTIKUNNATH HOUSE, THALAYAZHAM P.O., VAIKOM. BY ADV. SRI.J.OM PRAKASH. RESPONDENTS: ------------------------ 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI – 110 001. 2. THE STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM – 695 001. R1 BY SHRI.MATHEW SEBASTIAN, C.G.C, R2 BY GOVT. PLEADER SMT. N. SUDHA DEVI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.26406/2010-A: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPLICATION DTD. 26/02/2008 OF THE PETITIONER. EXT.P.2: COPY OF THE ORDER OF THE R3. GRANTING PENSION TO THE PETITIONER DTD. 22/06/1994. EXT.P.3: COPY OF THE REPORT OF THE TAHSILDAR AMBALAPPUZHA DTD. 01/04/74. EXT.P.4: COPY OF THE APPLICATION AND ORDER IN C.C. NO. 57/1948 OF THE C.J.M. COURT, ALAPPUZHA DTD. 23/01/2008. EXT.P.5: COPY OF THE APPLICATION AND ORDER IN P.E. NO. 7/1122 DTD. 23/01/2008 OF THE C.J.M. COURT, ALAPPUZHA. EXT.P.6: COPY OF THE CERTIFICATE OF SRI. H.K. CHAKRAPANI DTD. 22/02/2008. EXT.P.7: COPY OF THE CONVICT REGISTER RELATING TO SRI. H.K. CHAKRAPANI DTD. NIL. ISSUED BY THE SUPERINTENDANT, CENTRAL PRISON, THIRUVANANTHAPURAM. EXT.P.8: COPY OF THE ORDER OF THE UNDER SECRETARY TO GOVERNMENT OF INDIA DTD. 18/06/2003. EXT.P.9: COPY OF THE LETTER OF THE PETITIONER DTD. 26/02/2008. EXT.P.10: COPY OF THE A.D. CARD ISSUED TO THE PETITIONER DTD. 11/03/2008. EXT.P.11: COPY OF THE ORDER OF THE DEPUTY SECRETARY TO THE GOVERNMENT OF INDIA DTD. 29/04/2010. EXT.P.12: COPY OF THE LETTER OF THE ADDITIONAL CHIEF SECRETARY DTD. 25/04/2007. EXT.P.13: COPY OF THE LETTER OF THE PRINCIPAL SECRETARY TO GOVERNMENT DTD. 30/10/2010. EXT.P.14: COPY OF THE LETTER OF THE SECRETARY TO GOVERNMENT DTD. 30/09/2010. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.26406 of 2010-A - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of December, 2010. JUDGMENT Ext.P11 order passed by the Central Government rejecting the application for grant of SSS pension is under challenge in this writ petition. 2. The petitioner is the widow of Pappu Damodaran. The application is based on the claim that he was an active participant of Punnapra-Vayalar struggle and hence the police arrayed him as an accused in Case No.PE 7/ 1122 and C.C.57/1948 of the Special Magistrate Court, Alappuzha. He was a recipient of State Freedom Fighters Pension and after his death the same has been granted to the petitioner as per Ext.P2. The petitioner filed the application for SSS pension as per Ext.P3 in the year 2008. Along with the application, the NARC from the Chief Judicial Magistrate Court, Alappuzha, a certificate of Shri H.K. Chakrapani and the details of the certifier have been produced. Finally, pursuant to the direction issued by this Court in W.P.C.No.11712/2008 the order has been passed. 3. Mainly it is pointed out in the order that there is no primary evidence, the NARC is not valid as per the provisions of the Scheme as there is no official confirmation from the State Government authorities, the State wpc 26406/2010 2 Government has not recommended the application and the Personal Knowledge Certificate with thumb impression of Shri H.K. Chakrapani is not acceptable as its genuineness cannot be verified. 4. The first respondent has filed a counter affidavit. 5. Learned counsel for the petitioner, by relying upon Exts.P12 to P14 produced along with I.A. No.16844/2010 submitted that the records of Case No.P.E.7/1122 ME are not available and in similar cases the State Government itself has forwarded the NARC. It is pointed out that this is evident from Exts.P12 and P14. Ext.P13 is in respect of Shri P.A. Mathew. In Ext.P14 it is stated, with respect to an application submitted by one Smt. Omana who is the widow of another freedom fighter Shri K.K. Sreedharan and who was also involved in Case No.P.E. 7/1122, that various agencies have reported that the records are not available. Accordingly, the Government itself forwarded the NARC. 6. It is therefore prayed that the State Government may be directed to consider the matter afresh and forward a fresh verification-cum-entitlement report along with an NARC issued by the State Government itself. 7. Herein, there is no primary evidence. What is available is the certificate of Shri H.K. Chakrapani. Of course, his thumb impression is shown therein. But there can be method by which the same can be wpc 26406/2010 3 compared along with his original thumb impression, if available. Therefore, that alone need not deter the authority from considering the validity of the application. The Government also can issue an NARC, especially in the light of Exts.P12 and P14. 8. In that view of the matter, Ext.P11 is quashed. The petitioner will file an appropriate representation to the State Government producing Exts.P12 to P14 and thereafter the State Government will consider the matter afresh. They will issue a proper NARC along with a fresh verification-cum-entitlement report after verifying the documents produced by the petitioner including that of the certifier. The same shall be done within a period of two months from the date of receipt of a copy of this judgment. The Central Government will reconsider the matter in the light of the fresh report, within a further period of three months. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/