IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 9954 of 2007(I) ------------------------------------ PETITIONER: ------------------- SAROJINI DAMODARAN, W/O.LATE V.S.DAMODARAN, ASRAYALAYAM, MANNANCHERRY P.O., ALAPPUZHA. BY ADV. SRI.K.K.SATHEESH. RESPONDENTS: ----------------------- 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. 3. THE DISTRICT COLLECTOR, ALAPPUZHA. R2 & R3 BY GOVERNMENT PLEADER, R1 BY ADV. SRI.M.A.FAYAZ, ADDL.CGSC. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.9954/2007-I: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PROCEEDINGS OF THE R.3. VIDE NO. H4-17788/99 DT. 20/12/2000. EXT.P.2: COPY OF THE APPLICATION DTD. 15/03/2002 SUBMITTED BY THE PETITIONER'S LATE HUSBAND FOR THE GRANT OF SSS PENSION. EXT.P.3: COPY OF THE PKC ISSUED BY SRI. NARAYANAN RAMANKUTTY DT. 14/08/2001. EXT.P.4: COPY OF THE NARC ISSUED BY THE CJM COURT, ALLEPPEY IN CASE NO. P.E. 7/1122ME. EXT.P.5: COPY OF THE LETTER NO. H3.8562/02/D. DIS. DTD. 16/07/2002 ISSUED BY THE R.3. TO THE PETITIONER'S LATE HUSBAND. EXT.P.6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE R.3. DTD. 09/01/2007. EXT.P.7: COPY OF THE PKC ISSUED BY SRI. KITTAN CHAKRAPANI @ H.K.CHAKRAPANI DT. 03/01/2007. EXT.P.8: COPY OF THE ORDER DT. 18/06/2003 ISSUED BY THE R.1. TO SRI. H.K. CHAKRAPANI. EXT.P.9: COPY OF THE CONVICT REGISTER OF CENTRAL PRISON, TRIVANDRUM ISSUED BY THE SUPDT. IN RESPECT OF SRI. H.K. CHAKRAPANI. EXT.P.10: COPY OF THE AFFIDAVIT DULY ATTESTED BY THE JFCM-I COURT, ALAPPUZHA DT. 04/01/2007. EXT.P1.1: COPY OF THE LETTER DT. 09/10/05 ISSUED BY THE ACCOUNTS OFFICER, O/O THE ACCOUNTANT GENERAL (A & E), KERALA. EXT.P.12: COPY OF THE DEATH CERTIFICATE ISSUED BY THE REGISTRAR OF BIRTHS & DEATHS, MANNANCHERRY GRAMA PANCHAYAT DT. 24/08/2005. EXT.P.13: COPY OF THE LETTER NO. H3.3130/07 DT. 05/02/2007 ISSUED BY THE R.3. TO THE PETITIONER. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No.9954/2007-I ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 1st day of December, 2008. J U D G M E N T Aggrieved by Ext.P13, issued by the District Collector, Alappuzha stating that the application for pension cannot be recommended, the petitioner has approached this Court. The brief facts show that the petitioner's late husband Sri.V.S.Damodaran was a freedom fighter who had actively participated in the Punnapra-Vayalar Movement during the freedom struggle. It is claimed that on account of his participation in the said struggle, an arrest warrant was issued against him by the Special Magistrate Court, Alappuzha in Case No.P.E.7/1122 ME and in order to evade arrest he had gone underground for more than nine months from 07/03/1122 ME to 11/12/1122 ME. Ext.P1 shows that the late husband of the petitioner was granted pension under the Kerala Freedom Fighters' Pension Scheme. Ext.P2 is the application for grant of Swatantrata Sainik Samman Pension submitted on 15/03/2002. Personal knowledge certificates produced are from prominent freedom fighters, namely, Sri.Narayanan Ramankutty and Sri.H.K.Chakrapani, who had undergone imprisonment for more than five years and also holders of Thamrapatra. Ext.P3 is the personal knowledge W.P.(C) No.9954/2007 -:2:- certificate issued by Sri.Narayanan Ramankutty. At the time when Sri.H.K.Chakrapani had issued the personal knowledge certificate, he was not a recipient of S.S.S Pension. Ext.P4 is the non-availability of records certificate issued from the Chief Judicial Magistrate Court, Alappuzha. After the death of the petitioner's husband, in view of the fact that Sri.H.K.Chakrapani was granted S.S.S Pension, the petitioner along with a representation dated 09/01/2007 (Ext.P6) produced a fresh personal knowledge certificate (Ext.P7) issued by Sri.H.K.Chakrapani as well as other certificates relating to the certifier. Exts.P8 and P9 are the said certificates. 2. Supporting Ext.P13, a counter affidavit has been filed by the second respondent. In paragraph (4) of the counter affidavit it is stated that even though the petitioner's husband had produced personal knowledge certificates issued by Sri.Naryanan Ramankutty and Sri.H.K.Chakrapani, personal knowledge certificate issued by Sri.H.K.Chakrapani is not acceptable since Sri.H.K.Chakrapani was not a recipient of Central Pension at that time. It is also stated that the petitioner's husband has not produced official records to prove his claim. 3. The approach made by the authorities of the State is far from satisfactory. Now, when the petitioner has produced a fresh personal W.P.(C) No.9954/2007 -:3:- knowledge certificate from Sri.H.K.Chakrapani along with true extract of convict register relating to him and the order granting S.S.S Pension to him, the same could not have been rejected on the ground that he was not a recipient of S.S.S Pension at the time when certificate was issued earlier. The question is whether the petitioner who is the widow of a freedom fighter is liable to be granted central pension under the S.S.S Pension Scheme. Apart from stating that the certificates are not acceptable, the actual reasons are not put forward. Again it is mentioned that copies of official records have not been produced. In the absence of primary evidence, the petitioner is entitled to produce personal knowledge certificates from competent certifiers, herein they being Sri.Naryanan Ramankutty and Sri.H.K.Chakrapani. The non-availability of records certificate produced is also issued as per the procedure prescribed. Therefore, the answer given in the counter affidavit is clearly evasive. It is a case where, for the participation in the very same struggle, the petitioner's husband was sanctioned pension under the Kerala Freedom Fighters' Pension Scheme. It is upto the Central Government to consider the materials along with the application once the application stands recommended by the State Government. It cannot be said that the freedom fighter was not a genuine freedom fighter in the light of the fact that his suffering was considered in the W.P.(C) No.9954/2007 -:4:- Kerala Freedom Fighters' Pension Scheme. Therefore, the very approach made by the State Government is clearly faulty. In that view of the matter, Ext.P13 is quashed. The State Government will forward a proper verification-cum- entitlement report with appropriate recommendation after considering the personal knowledge certificates produced from Sri.Naryanan Ramankutty and Sri.H.K.Chakrapani along with the certificates produced in respect of the certifiers and other materials available. The same shall be done within a period of two months from the date of receipt of the copy of this judgment. On receipt of the said report, the first respondent shall pass orders within a further period of three months thereafter. In the event of sanction of pension, the claim for arrears from the date of receipt of the application shall also be considered. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms