IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 17271 of 2004(F) -------------------------- PETITIONER(S): --------------- 1. K. VELAYUDHAN, KANDAKASSERIL, VARANAM, (DIED) THANNEERMUKKOM P.O., CHERTHALA, ALAPPUZHA. ADDL.PETITIONERS 2. MALATHI KANDAKASSERIL VARANAM, THANNEERMUKKOM P.O, CHERTHALA, ALAPPUZHA 3. LAVANYA, KANDAKASSERIL VARANAM, THANEERMUKKOM CHERTHALA, ALAPPUZHA (ADDITIONAL PETITIONERS 2 AND 3 ARE IMPLEADED AS PER ORDER DATED 18.12.2007 IN I.A. 16602/2007) BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): --------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE UNDER SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, LOK NAIK BHAVAN, KHAN MARKET, NEW DELHI-110 003. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT GENERAL ADMINISTRATION DEPARTMENT, GOVERNMENT OF INDIA, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR, ALAPPUZHA. ADV. SRI. AJITH KRISHNAN, ADDL.CGSC FOR R1 & R2 BY GOVT.PLEADER SRI.T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17271 of 2004(F) APPENDIX Ext.P1: True copy of the order dated nil issued by the District Collector, Alappuzha . Ext.P2: True copy of the application dated 18.5.1998. Ext.P3: True copy of the proceedings dated 9.7.1974 issued by the Chief Judicial Magistrate, Alleppey. Ext.P4: True copy of the Certificate dated 6.6.1974 issued by Sub-Inspector of Police, Cherthala. Ext.P5: True copy of the certificate dated 10.5.1998 issued by Sri.Viswanathan Ext.P6: True copy of the proceedings dated 19.6.1987. Ext.P6(a): True copy of the order dated 27.3.1973. Ext.P7: True copy of the letter dated 16.4.1995 issued by the superintendent of Central Jail, Thiruvananthapuram. Ext.P8: true copy of the judgment dated 14.1.2002 in O.P No. 6904/2000 before the High Court of Kerala, Ernakulam Ext.P9: True copy of the order dated 14.6.2002 passed by the 2nd respondent. Ext.P10: True copy of the judgment dated 8.4.2003 in O.P No. 23891 of 2002 before the High Court of Kerala, Ernakulam Ext.P11: True copy of the notice dated 17.6.2003 issued by the District Collector. Ext.P12: True copy of the notice dated 23.9.2003 issued by the District Collector. Ext.P13: True copy of the proceedings dated 14.11.2003 issued by the 3rd respondent. Ext.P14: true copy of the communication dated 24.11.2003 issued by the 2nd respondent. Ext.P15: True copy of the affidavit by Viswanathan. //true copy// es HARUN-UL-RASHID, J. ---------------------------------------- W.P.(C) No.17271 of 2004 ---------------------------------------- Dated this the 8th day of April, 2009 JUDGMENT During the pendency of this writ petition, the petitioner died and additional petitioners 2 and 3 are impleaded as the legal representatives of the deceased petitioner as per order dated 18.12.2007 in I.A. No. 16602/2007 2. The Petitioner is stated to be a freedom fighter who had actively participated in the Punnapra - Vayalar struggle He was arrayed as an accused by the Police in case No.P.E. 8/1122 before the Special Magistrate Court, Alappuzha. Since non- bailable warrant was issued against him, the petitioner absconded from 1.11.1946 to 9.12.1947 and later he was declared as an absconder by the court. 2. Petitioner is a recipient of State freedom fighter's pension. Ext.P1 is the order issued by the 4th respondent in that regard. 3. When the Punnapra -Vayalar struggle was recognised by the Union of India as part of the Freedom Movement the petitioner applied for pension under the Swathanthrata Sainik Samman Pension Scheme. Ext.P2 is the application dated 18.5.1998. Ext. P3 is the Non-availability of Records certificate issued by the Chief Judicial Magistrate Alappuzha. Ext.P4 certificate is issued by the Sub-Inspector of Police Cherthala which certifies that there are no records available in relation to the W.P.(C) No.17271 of 2004 -2- petitioner, with the police regarding the Punnapra -Vayalar struggle 4. Ext.P5 is the Personal Knowledge Certificate issued by one Sri.V.K. Viswanathan who is the recipient of both State and Central pension and the holder of Thamrapathra. He was also a member of the District Advisory Committee for the Freedom Fighters from 1972 to 1977. Even though the petitioner appended Exts P3 to P7 documents along with Ext.P2 application there is no response from the respondents. So the petitioner filed O.P 6904/2000 before this Court. This court in Ext.P8 judgment directed the state Government to take expeditious steps to verify and to recommend the application of the petitioner to the Central Government within 3 months from the date of receipt of a copy of the judgment. The 2nd respondent again rejected the application of the petitioner. Ext.P9 is the order passed by the 2nd respondent in that regard. The reason stated for rejection is that the State Government has not recommended the petitioner's case for want of sufficient evidence, acceptable certificates and due to the non- recommendation by the District Collector 5. Being aggrieved, the petitioner filed O.P 23981/2002 before this Court. This Court ordered to consider the petitioner's claim afresh after giving notice to him. In pursuance of the direction issued by this Court the District Collector issued notice to the petitioner . The Petitioner W.P.(C) No.17271 of 2004 -3- appeared before the District Collector and tendered evidence. Thereafter the petitioner received a notice from the Principal Secretary to Government, General Administration Department . The petitioner appeared before the Principal Secretary also with relevant documents. By Ext.P13 the Principal Secretary again rejected the claim of the petitioner for want of following details. (i) Documentary evidence by way of Courts/Government's orders proclaiming the applicant as an absconder, announcing an award on his head or for his arrest or ordering his detention OR (ii)Where records of the relevant period are not available, a Non Availability of Records Certificate from the connected State/Union Territory Administration along with a Personal Knowledge Certificate from a prominent freedom fighter who had proven jail suffering of a minimum two years. 6. Exts.P3, P4, P5, P6, P6(a), P7 and P15 affidavit are the relevant documents for considering the question of grant of SSS pension and on production of those documents, the statutory requirements under clause 9(a) of the SSS Pension Scheme are complied. This Court is also of the view that the said documents amply supports the petitioner's claim. 7. In the result, Ext.P14 order passed by the 2nd respondent rejecting the claim of the petitioner is quashed . There will be direction to the State Government to send the verification cum entitlement to W.P.(C) No.17271 of 2004 -4- pension report along with their recommendation as enjoined under clause 10 of the SSS Pension Scheme within one month from the date of receipt of a copy of this judgment. On receipt of those documents the 2nd respondent shall consider and pass appropriate orders on Ext.P2 within 2 months thereafter. In the event of granting pension by the Central Government, it is needless to say that the petitioner's legal representatives are entitled to the same from the date of receipt of application for SSS Pension. This writ petition is disposed of. (HARUN-UL-RASHID, JUDGE) es. HARUN-UL-RASHID, J. --------------------------- W.P.(C) No.17271 of 2004 ---------------------------- JUDGMENT 8th April , 2009