IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 24578 of 2005(A) -------------------------- PETITIONER(S): --------------- O.K.KANI, S/O. KONTHALAM, AGED 83 YEARS, RESIDING AT OLIKKAL HOUSE, THODUPUZHA EAST.P.O., IDUKKI DISTRICT. BY ADV. SRI.FAIZAL P.LATHEEF RESPONDENT(S): --------------- 1. UNION OF INDIA, REP. BY UNDER SECRETARY, MINISTRY OF HOME AFFAIRS FREEDOM FIGHTERS DIVISION 1ST FLOOR, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI. 2. STATE OF KERALA, REP. BY ITS CHEIF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE PRINCIPAL SECRETARY, GENERAL ADMINISTRATION DEPARTMENT(FFP A), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR, IDUKKI. ADV. SMT.MOLLY JACOB, CGC FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF ORDER OF THE CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA. P2: TRUE COPY OF APPLICATION DT.26.8.1982. P3: TRUE COPY OF CERTIFICATE DT.8.8.82. P4: .DO. DT.14.8.82. P5: TRUE COPY OF PENSION PAYMENT ORDER DT.25.10.83. P6: TRUE COPY OF LETTER DT.28.8.1998. P7: .DO. COMMUNICATION DT.9.9.98. P8: TRUE COPY OF ORDER ALONG WITH REPORT OF THE STATE GOVERNMENT DT.21.5.2001. P9: TRUE COPY OF REPRESENTATION DT.24.1.2005. RESPONDENT'S EXHIBITS: ANNEXURE R1: SALIENT FEATURES OF SWATANTRATA SAINIK SAMMAN PENSION SCHEME 1980. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.24578 of 2005 .................................................................... Dated this the 31st day of October, 2008. JUDGMENT The W.P. is filed challenging Ext.P8 whereunder the State Government declined to recommend petitioner's case for SSS pension. The Pension Scheme was introduced by the Government of India in 1980. The petitioner claims pension on the ground that he had gone underground on account of warrant of arrest pending against him. However, petitioner tried to prove this through certificate issued by two persons namely, Sri.Narayana Iyer and Sri.A.V.Joseph who during this period were in the prison. Government disbelieved the certificates issued by these persons with specific details after 35 years because petitioner is said to have gone underground from September 1946 to June 1947 and the certificate is issued only in 1982. Besides this, details pertaining to CC 59/122 wherein warrant was stated to have been issued against the petitioner were not produced. In the absence of any materials to prove petitioner's suffering underground, Government has rejected the claim. In view of the clearcut findings in Ext.P8 whereunder petitioner failed to prove his eligibility for 2 SSS pension, State Government rightly declined to recommend his case. The W.P. is consequently dismissed. C.N.RAMACHANDRAN NAIR Judge pms