IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 WP(C).No. 33407 of 2007(B) --------------------------------------- PETITIONER(S): ---------------------- NARAYANI, W/O.LATE C.E.THANKAPPAN, CHIMMARUPARAMBIL, MANNANCHERRY P.O., ALAPPUZHA, PIN-688 538. BY ADV. MR.K.K.SATHEESH RESPONDENT(S): ------------------------- 1. UNION OF INDIA REPRESENTED BY THE UNDER SECRETARY, MINISTRY OF HOME AFFAIRS, ' FREEDOM FIGHTERS', DIVISION, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI-110 003. 2. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, GENERAL ADMINISTRATION (FFP.A)DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. MR.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 GOVERNMENT PLEADER MR.THOMAS JOHN AMBOOKEN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.33407/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, ALAPPUZHA VIDE ORDER NO.R.DIS, 23889/72/F6 DT. 5.12.73. P2:- COPY OF THE APPLICATION DT. 30.4.03 SUBMITTED BY PETITIONER'S LATE HUSBAND. P3:- COPY OF THE LETTER NO.119/2/GENL(1) /98/FF(SZ) DT. 5.1.99 ISSUED BY THE IST RESPONDENT. P4:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR THE GRANT OF SS PENSION DT. 30.4.03. P5:- COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER DULY ATTESTED DT. 3.4.03. P6:- COPY OF THE LETTER NO.H3-51302/D.DIS. DT. 31.3.03 ISSUED BY THE DISTRICT COLLECTOR , ALAPPUZHA. P7:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DT. 7.8.07. P8:- COPY OF THE NARC FROM THE CJM COURT, ALAPPUZHA. P9:- COPY OF THE CO-PRISONER CERTIFICATE ISSUED BY SRI.P.A.SOLOMON EX-MP DT. 1.8.07. P10:- COPY OF THE LETTER NO.52/CC/KER/20/01-FF(SZ) DT. 28.1.04 ISSUED BY THE IST RESPONDENT TO THE 2ND RESPONDENT. /TRUE COPY/ P.S. TO JUDGE tss HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.33407 OF 2005 ---------------------------- DATED THIS THE 30TH DAY OF FEBRUARY, 2009 JUDGMENT Petitioner is the wife of C.E. Thakappan, who was a freedom fighter. According to the petitioner, her husband had actively participated in the Punnapra-Vayalar Movement during the freedom struggle. On account of his participation in the said struggle, he had undergone imprisonment in the sub jail lock up, Alappuzha for a period of more than 11 months from 5/12/1946 to 9/11/1947 in connection with Case No.P.E.7/1122 M E on the file of the Special First Class Magistrate's Court, Alleppey. Petitioner claimed that her husband is entitled to get the benefit of Swatantrata Sainik Samman Pension (SSS Pension). 2. The petitioner's husband was a recipient of State pension. Ext.P1 is the order dated 5/12/1973 sanctioning State pension. Ext.P2 is the application submitted by the petitioner's -2- W.P.(C)No.33407/2007 husband under the SSS pension scheme. Subsequent to the death of her husband, the petitioner filed a fresh application for SSS Pension, which is produced as Ext.P4. Ext.P5 is an affidavit duly attested by the Judicial First Class Magistrate's Court, Alleppey. Ext.P9 is the Co-prisoner certificate issued by Sri P.A.Solomon, Ex-M.P., which was produced along with Ext.P7 representation submitted to the 2nd respondent-State Government. The petitioner produced NARC from the Chief Judicial Magistrate's Court, Alleppey, which is marked as Ext.P8 in this writ petition. Clause 9 of the Swatantrata Sainik Samman Pension Scheme is extracted below. “The applicant should furnish the documents indicated below whichever is applicable:- (a) Imprisonment/Detention etc. Certificate from the concerned jail authorities, District Magistrates or the State Government. In case of non-availability of such certificates co-prisoner certificates from a sitting M.P. or M.L.A. or from an ex-M.P. or an ex- M.L.A. specifying the jail period. (Annexure-I in -3- W.P.(C)No.33407/2007 the application form).” 3. Going by Clause 9(a) of the Scheme, the certificate to be produced is either from the jail authorities, District Magistrates or the State Government. In case the petitioner produces NARC from one of the authorities as provided under Clause 9(a) of the SSS Pension Scheme, the 2nd respondent shall consider Ext.P4 application, after examining the materials on record, and forward the verification report along with their entitlement to pension report (recommendation) to the lst respondent, if she is found eligible, within a period of two months from the date of receipt of a copy of this judgment and on receipt of such report, the lst respondent shall pass appropriate orders within three months thereafter. It is needless to say that the petitioner is entitled to arrears of pension from the date of the application, i.e. 30/4/2003, in case she is entitled to SSS Pension. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.