IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929 OP.No. 35164 of 2002(J) ----------------------- PETITIONER: ------------------- K.V.KUTTAPPAN, PUTHENPURACKAL, EAST OF CHUNGOM, ALAPPUZHA DISTRICT BY ADV. SRI.K.K.SATHEESH RESPONDENTS: ---------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM GIGHTERS' DIVISION, LOK NAYAK BHAVAN, NEW DELHI-110 03 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (FFP A) DEPARTMENT, THIRUVANANTHAPURAM 3. THE DISTRICT COLLECTOR, ALAPPUZHA. R1 BY ADV. SRI.S.KRISHNAMOORTHY, CGC R2 & R3 BY GOVT. PLEADER SMT.N.SUDHA DEVI. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP.NO.59464/2002 IN OP.NO.35164/2002-J. DISMISSED. 15.2.2008. Sd/- T.R.Ramachandran Nair, Judge. APPENDIX PETITIONER'S EXHIBITS:- P1: COPY OF THE RELEVANT PORTION OF THE SSS PENSION SCHEME, 1980. P2: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR THE GRANT OF SSS PENSION DTD.13.9.2001. P3: COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER DULY ATTESTED BY THE CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA DTD.6.11.2001. P4: COPY OF THE NARC ISSUED BY THE SUPERINTENDENT OF SPECIAL SUB JAIL, ALAPPUZHA DTD.12.9.2001. P5: COPY OF THE COMMUNICATION NO.H3/55122/01/D.DIS. DTD.3.4.2002 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. P6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND AND 3RD RESPONDENTS DTD.7.5.2002. RESPONDENTS' EXHIBITS:- NIL. ( TRUE COPY ) P.A. TO JUDGE. Kvs/- T.R.RAMACHANDRAN NAIR, J. ========================= O.P. No. 35164 of 2002-J. ========================= Dated this the 15th day of February, 2008. J U D G M E N T The petitioner is an applicant for grant of Swatanthrata Sainik Samman Pension. He was a participant in the Punnappra- Vayalar struggle and it is stated that an arrest warrant was issued by the Special Magistrate Court, Alappuzha in connection with Case No.P.E.7/1122 M.E. Ext.P2 is the application. The petitioner was granted Kerala Freedom Fighters' Pension as per proceedings of the District Collector, Alappuzha vide Order No.H4-31376/97 dated 16.11.1999. Ext.P4 is the non availability of record certificate (NARC) issued by the Special Sub Jail, Alappuzha. He was informed by the District Collector by Ext.P5 that his case has not been recommended by the State Government. The reasons stated therein are that in the FIR in Case No.P.E.7/122 his name is not mentioned and since Punnapra – Vayalar struggle occurred in O.P. No. 35164 of 2002-J. 2 the last week of October his claim as regards underground suffering is doubtful. The petitioner thereafter submitted Ext.P6 and approached this Court in this Original Petition for various reliefs. 2. A counter affidavit has been filed by the 2nd respondent wherein it is stated in para.3 that the petitioner was granted Kerala Freedom Fighters' Pension considering his participation in Punnapra Vayalar struggle. It is also submitted that he has produced personal knowledge certificates (PKC) from Sri.P.K.Sukumaran, Sri.Narayanan Ramankutty and Sri.V.K.Karunakaran. It is also stated that the application has been forwarded to the Government with recommendation by the District Collector but the Government returned the same stating that the applicant's name is not seen included in the copy of FIR in PE.7/122 available with Government. Ext.R2(a) is a communication from the State Government to the Central Government forwarding the application along with the verification cum entitlement report in the above lines, after this Original O.P. No. 35164 of 2002-J. 3 Petition was filed. 3. The learned counsel for the petitioner submitted that his claim is bonafide as is evident from the fact that it is admitted that he was getting State pension based on his active participation in the Punnapra Vayalar struggle. The learned counsel for the petitioner had prayed for a direction for production of the copy of the FIR in Case No.P.E./1122 when the matter came up for hearing on 1.2.2008. Accordingly, this Court had directed the Government Pleader to make available relevant records and also a copy of the FIR in P.E.7/1122. Today, even though the records have been produced, the Government Pleader submitted that the FIR is not available with the District Collector or with Government. In Ext.P5 as well as in the counter affidavit specific assertion is made that in the copy of the FIR available with the Government in respect of P.E.7/122 his name is not included. The said assertion is made without any supporting materials. Therefore, the learned counsel is right in submitting that the approach has been callous in nature and they have only stated erroneous reasons so as to find O.P. No. 35164 of 2002-J. 4 ways to refuse recommendation. 4. Therefore Ext.P5 is quashed. Respondents 2 and 3 are directed to reconsider the matter in the light of the certificates produced by the petitioner and forward a fresh verification cum entitlement report to the first respondent, after considering the fact that he is receiving State pension based on the suffering in the very same struggle. The same shall be done within a period of six weeks from the date of production of a copy of this judgment. On receipt of the same the first respondent will consider the matter in accordance with law and pass appropriate orders within a further period of two months thereof. In the event of sanction of pension the first respondent will consider the grant of arrears of pension from the date of receipt of application ie. dated 13.9.2001. The Original Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/- O.P. No. 35164 of 2002-J. 5