IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 WP(C).No. 14535 of 2005(E) -------------------------------------- PETITIONER: ------------------- UMAYAMMA, W/O.LATE CHAKRAPANI, VADAKKETTATHU VEEDU, PUNNAPPRA P.O. ALAPPUZHA 4. BY ADV. SRI.K.K.SATHEESH RESPONDENTS: ----------------------- 1. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS DIVISION, LOK NAYAK BHAVAN, KHANMART, NEW DELHIL 110 003. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ALAPPUZHA. BY ADV. SRI.JOHN VARGHESE, ASSISTANT SG SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR R2 & R3 BY GOVERNMENT PLEADER SMT.T.B.RAMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.14535/2005 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE ORDER NO.R.DIS. 36553/82/(N4) DT. 2.8.82 ISSUED BY THE 3RD RESPONDENT. EXT.P2:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE GRANT OF “SSS” PENSION DT. 16.4.98. EXT.P3:- COPY OF THE PKC ISSUED BY SRI.SUKUMARAN DT. 30.3.98. EXT.P4:- COPY OF THE AFFIDAVIT DULY ATTESTED BY THE JUDICIAL IST CLASS MAGISTRATE, ALAPPUZHA DT. 17.3.99. EXT.P5;- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DT. 22.2.05. EXT.P6:- COPY OF THE PKC ISSUED BY SRI.H.K. CHAKRAPANI DT. 10.1.05. EXT.P7:- COPY OF THE NARC ISSUED BY THE CJM COURT, ALAPPUZHA IN CASE NO.P.E. 7/1122 M.E. /TRUE COPY/ P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR, J. = = = = = = = = = = = = = = = = WP(C).No.14535 OF 2005-E. = = = = = = = = = = = = = = = = Dated this the 4th day of January, 2008. J U D G M E N T The petitioner is the widow of late M.Chakrapani who was a freedom fighter and had actively participated in the Punnapra Vayalar Movement which is recognised for the grant of Swatantrata Sainik Samman Pension. It is stated 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 the arrest he had gone underground for a period of more than one year from October, 1946 to December, 1947. 2. The late husband of the petitioner was sanctioned the benefit of Kerala Freedom Fighters' Pension with effect from 1.4.1971 as evident from Ext.P1. Ext.P2 is the application submitted by the petitioner for grant of Swatantrata Sainik Samman Pension. The petitioner has also produced Ext.P3 personal knowledge certificate issued by Sri.Kunjan Sukumaran, required affidavit Ext.P4 duly attested by the Judicial First Class Magistrate, Alappuzha, Exts.P5 and WP(C).No.14535 OF 2005-E. 2 P6 which are the personal knowledge certificate issued by Sri.H.K.Chakrapani and the further representation submitted by the petitioner. The petitioner has also produced non-availability of record certificate from the Chief Judicial Magistrate Court, Alappuzha (Ext.P7). 3. The Central Government has filed a counter-affidavit stating that they have not received the verification-cum-entitlement report recommending the application of the petitioner. Therefore, the writ petition is disposed of directing respondents 2 and 3 to forward the verification-cum-entitlement report showing the recommendation of the claim of the petitioner to the first respondent within a period of two months from the date of receipt of a copy of this judgment. On receipt of the same, final orders shall be passed within a further period of two months thereafter. While sanctioning pension, the first respondent will consider the claim for pension with effect from the date of receipt of the application. The application Ext.P2 is dated 16.4.1998. The writ petition is disposed of accordingly. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/