IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 24TH AUGUST 2007 / 2ND BHADRA 1929 WP(C).No. 16704 of 2004(L) --------------------------------------- PETITIONER: ------------------- K.C. SUNDARAM, JANATHA QUARTERS, SEA VIEW WARD, ALAPPUZHA-688 012. BY ADV. SRI.K.K.SATHEESH. RESPONDENTS: ----------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFIARS, PREEDOM FIGHTERS' DIVISION, LOK NAYAK BHAWAN KHAN MARKET, NEW DELHI-110 003. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (FFP.A) DEPARATMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.MURALEEDHARA KAIMAL, ADDL.CGSC, GOVERNMENT PLEADERSRI. K.V. MANOJ FOR R2, SRI.S.R.AJITH, ADDL.CGSC FOR R1. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/08/2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. W.P.(C). NO.16704/2004: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE PROCEEDINGS NO. R. DIS. 9072/77/F6 DTD. 28/01/1977 OF THE DISTRICT COLLECTOR, ALAPPUZHA. EXT.P.2: COPY OF THE APPLICATION FOR THE GRANT OF S.S.S. PENSION SUBMITTED BY THE PETITIONER DTD. 27/04/1998. EXT.P.3: COPY OF THE P.K.C. ISSUED BY SRI. KUNJAN SUKUMARAN DTD. 21/04/1998. EXT.P.4: COPY OF THE NARC ISSUED BY THE CHIEF JUDICIAL MAGISTRATE COURT, ALLEPPEY. EXT.P.5: COPY OF THE JUDGMENT DTD. 11/01/2002 OF THE HONOURABLE HIGH COURT IN O.P. NO. 6904/2000. EXT.P.6: COPY OF THE ORDER NO. 52/K/79/99-FF (SZ) DTD. 12/02/2002 ISSUED BY THE R.1. TO THE PETITIONER. EXT.P.7: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE R.1. DTD. 21/03/2002. EXT.P.8: COPY OF THE CERTIFICATE ISSUED BY THE TAHSILDAR, AMBALAPUZHA DTD. 15/03/2002. EXT.P.9: COPY OF THE PKC ISSUED BY SRI. NARAYANAN RAMANKUTTY DTD. 15/03/2002. EXT.P.10: COPY OF THE ORDER NO. 52/K/79/99-FF (SZ) DTD. 30/04/2002 ISSUED BY THE R.1. THE PETITIONER. EXT.P.11: COPY OF THE JUDGMENT DTD. 08/04/2003 OF THIS HONOURABLE COURT IN O.P. NO. 23988/2002. EXT.P.12: COPY OF THE ORDER NO. 52/CC/KER/76/2002-FF (SZ) DTD. 14/11/2003 ISSUED BY THE R.1. TO THE PETITIONER. EXT.P.13: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DTD. 06/12/2003. EXT.P.14: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DTD. 23/03/2004 TO THE R.2. prv. W.P.(C). NO.16704/2004: EXT.P.15: COPY OF THE PKC ISSUED BY SRI. H.K. CHAKRAPANI DTD. 18/03/2004. EXT.P.16: COPY OF THE LETTER NO. 105602/FFP.A2/2003/GAD DTD. 07/04/2004 ISSUED BY THE R.2. TO THE PETITIONER. //TRUE COPY// prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).NO.16704 of 2004-L - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of August, 2007 JUDGMENT The petitioner is aggrieved by Ext.P12 order by which the application for grant of SSS Pension has been rejected. The same was rejected mainly for the reason that the State Government has not recommended his claim for pension due to four reasons shown therein. The eligibility of the petitioner is based on his participation in Punnapra – Vayalar movement. The same was recognised for grant of SSS Pension with effect from 20.1.1998. The period of underground sufferings of the petitioner is for six months from 15.10.1946 to 2.6.1947. He is a recipient of Kerala Freedom Fighters' Pension as per Ext.P1. Earlier he had produced Ext.P3 Personal Knowledge Certificate issued by Shri Kunjan Sukumaran. Along with the same, he had produced the true extract of the convict register of Central Prison, Trivandrum in respect of his certifier and the NARC issued by the Chief Judicial Magistrate Court, Alappuzha. By Ext.P5 judgment, his application was directed to be disposed of and consequently it was rejected by Ext.P6. The main objection was regarding the entitlement of the certifiers and also there is difference in the periods of sufferings claimed by WPC 16704/2004 -2- petitioner. This was explained by the petitioner by Exts.P7 and P8. Along with Exts.P7 and P8, he has produced Ext.P9 Personal Knowledge Certificate issued by Shri Narayanan Ramankutty. In continuation, he was communicated with Ext.P10 by the Central Government that the State Government has not recommended his application for certain reasons. This was challenged in O.P.No.23988/2003 wherein, by Ext.P11 judgment this court directed the Government to have a fresh consideration. Consequently, Ext.P12 has been passed. 2. The Personal Knowledge Certificate issued by Shri Narayanan Ramankutty was not accepted mainly for the reason that in his first application dated 16.7.1981 the petitioner had claimed that he was in Kayamkulam Police lockup from March 1947 to September 1947 and that the NARC produced by him does not serve the purpose in the absence of an acceptable abscondance certificate. 3. The petitioner has got a case that when the first application was submitted in 1981, Punnapra – Vayalar struggle was not recognised by the Central Government as part of the National Freedom Movement. Therefore, he had claimed another suffering in the National Freedom Movement to claim pension. Later, the Central Government has recognised it for grant of Central pension. Relying upon his underground suffering, he has produced WPC 16704/2004 -3- the personal knowledge certificate from Shri Narayanan Ramankutty. This aspect has not been considered by the first respondent and the State Government. Therefore, the certificate of Shri Narayanan Ramankutty ought to have been considered on its merits. Then the other reason is that during the hearing before the District Collector, the petitioner made an oral statement that he went underground for the fear that the police would arrest him and also for seeking another job due to strike in the coir factory in which he was working. Even though the files have been brought before me for perusal, no such oral statement is seen recorded. But it appears that this is only based on the impression by the District Collector when he examined the petitioner. In the absence of any recorded statement, such a ground ought not have been taken to reject the application as the claim had to be considered in the light of the documents produced. Now the petitioner has produced in this case Ext.P14 representation submitted before the Government along with the Personal Knowledge Certificate issued by Shri H.K. Chakrapani. It is seen from Ext.P16 that this representation has been forwarded by the State Government to the Central Government for further action. 4. Therefore, apparently the reasons stated in Ext.P12 and also which is sought to be supported in the counter affidavit, are not correct. His WPC 16704/2004 -4- application has to be considered in the light of the certificates issued by Shri Narayanan Ramankutty and Shri H.K. Chakrapani. 5. In the counter affidavit filed by the State, it is stated that they have forwarded the matter to Government of India without recommending the case, before issuing Ext.P12. Ext.P16 does not show that a proper verification-cum-entitlement report with due recommendation has been forwarded. 6. Therefore, Ext.P12 is quashed. The State Government is directed to consider the matter afresh in the light of the certificates produced by the petitioner and other records accompanying Ext.P14 representation and also the certificate issued by Shri Narayanan Ramankutty (Ext.P9) as well as Ext.P15 issued by Shri H.K. Chakrapani and also the NARC issued by the Chief Judicial Magistrate Court, Alappuzha (Ext.P4) and any other relevant documents produced by him. After considering the same, the State Government will forward a verification-cum-entitlement report to the first respondent in continuation of Ext.P16, with appropriate recommendation, within a period of six weeks from the date of receipt of a copy of this judgment. On receipt of the same, the first respondent shall re-consider the issue and pass fresh orders within a period of two months thereafter. The claim for arrears with effect from the date of receipt of the application dated WPC 16704/2004 -5- 27.4.1998, will also be considered by the first respondent in the event of sanction of pension. Needless to say that the Central Government will consider the matter afresh and not in the light of the reasons stated in Ext.P12 which have already been found not sustainable by me earlier. The writ petition is disposed of in the above terms. No costs. (T.R. Ramachandran Nair, Judge.) kav/ WPC 16704/2004 -6- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No. - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 9th August, 2007. WPC 16704/2004 -7-