IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WP(C).No. 2469 of 2004(R) ------------------------- PETITIONER(S): --------------- R.GOPINATHAN NAIR, ANANDA BHAVANAM, PALACE WARD, THEVALLY, KOLLAM-9, NOW RESIDING AT PUTTEN MADOM, NEAR IRON BRIDGE, POONITHURA, KOCHI-682317. BY ADV. SRI.B.MOHANLAL RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, HOME AFFAIRS, FREEDOM FIGHTERS DIVISION, LOK NAYAK BHAVAN, NEW DELHI-110003. 2. STATE OF KERALA, REPRESENTED BY THE COMMISSIONER AND SPECIAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION FREEDOM FIGHTERS PENSION (FFP) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT ADVISORY COMMITTEE FOR FREEDOM FIGHTER PENSION HEADED BY THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. GOVERNMENT PLEADER SMT. SMITHA FOR R2 & R3 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER NO. R. DIS. 92993/87/NI DATED 29.12.1987 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER. EXT.P2 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 28.9.88 EXT.P3 TRUE COPY OF LETTER NO. 119/1/89/FF.SZ DATED 12.3.90 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXT.P4 TRUE EXTRACT FROM PAGE 143 OF THE PUBLICATION DETAILS EVIDENCING THE PETITIONER'S PARTICIPATION IN THE FREEDOM STRUGGLE EXT.P5 TRUE COPY OF THE NON AVAILABILITY CERTIFICATE ISSUED FROM THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLLAM DATED 24.9.87 EXT.P6 TRUE COPY OF THE CERTIFICATE ISSUED BY THE AUTHORISED CERTIFIER SRI. V.K. KARUNAKARAN DATED 25.9.98 EXT.P6(a) TRUE COPY OF THE CERTIFICATE ISSUED BY SRI. K.C. GOVINDAN DATED 10.8.85 EXT.P7 TRUE COPY OF THE REPRESENTATION FILED BEFORE SRI. INDRAJIT GUPTA, UNION MINISTER OF HOME AFFAIRS DATED 1.8.96 EXT.P8 TRUE COPY OF THE LETTER NO. N2. 26592/00 DATED 3.6.00 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER. EXT.P9 TRUE COPY OF THE ORDER NO. N2/26592/00 DATED 25.4.2001 ISSUED BY THE THIRD RESPONDENT. EXT.P10 TRUE COPY OF THE NON AVAILABILITY RECORDS CERTIFICATE NO. J 2211/03 K. DISTRICT DATED 25.3.03 EXT.P11 TRUE COPY OF JUDGMENT IN OP NO. 34371 OF 2002 DATED 2.7.03 OF THIS HON'BLE COURT. EXT.P12 TRUE COPY OF THE ORDER NO. 79809/FFP.A3/2003/GAD DATED 8.12.03 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P13 TRUE COPY OF THE ORDER NO. 79809/FFP A3/2003 GAD DATED 12.12.03 EXT.P14 TRUE COPY OF THE JAIL RECORDS ISSUED FROM THE CENTRAL PRISON, TRIVANDRUM. EXT.P15 TRUE COPY OF THE CERTIFICATE NO. C 8168/2007 K. DIS. DATED 23.10.2007 ISSUED BY THE SUB DIVISIONAL MAGISTRATE, KOLLAM. EXT.P16 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, KOLLAM AND THE ORDER. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 2469 OF 2004 -------------------------------------------- Dated this the 7th day of November, 2008 JUDGMENT Petitioner is challenging Exts. P12 and P13 orders whereunder the State Government refused to recommend the petitioner's case for pension under Swantrata Sainik Samman Pension Scheme. I have heard counsel appearing for the petitioner, Government Pleader and Asst. Solicitor General appearing for the first respondent and I have perused the impugned orders. It is seen that petitioner's claim of underground suffering during Octover, 1946 to July, 1947 does not stand proved with any credible certificate from freedom fighters who have served imprisonment for minimum period of two years. Certificate issued by Sri. V.K. Karunakaran is found to be unacceptable because after his death lot of bogus certificates are seen produced . Since petitioner's claim is rightly rejected for want of underground suffering in freedom struggle, there is no scope for interfering with impugned orders. W.P.C. is accordingly dismissed. (C.N. RAMACHANDRAN NAIR) Judge kk 2