IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 WP(C).No. 28206 of 2005(G) --------------------------------------- PETITIONER(S): ------------------------ GRACY MATHEW, W/O. LATE P.Y. MATHEW, PUTHENPARAMBIL, THUMPOLY P.O., ALAPPUZHA DISTRICT. BY ADV. MR.K.K.SATHEESH RESPONDENT(S): -------------------------- 1. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS' DIVISION, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-110 003. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV.MR.CYRIAC KURIAN, CGSC FOR R,1 GOVERNMENT PLEADER SMT.LAKSHMI RANI FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.28206/2005 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER NO.R.DIS. 132978/76/F6 DT. 17.1.77 OF THE DISTRICT COLLECTOR, ALLEPPEY. P2:- COPY OF THE INVITATION LETTER ISSUED BY THE DISTRICT COLLECTOR, ALLEPPEY VIDE NO.F6-2733/73 DT. 4.8.73 INVITING THE PETITIONER'S LATE HUSBAND TO RECEIVE THE ''THAMARAPATHRA''. P3:- COPY OF THE LETTER NO.19/2307/73 FF VIII DT. 19.10.77 ISSUED BY THE IST RESPONDENT TO THE PETITION. P4:- COPY OF THE APPLICATION DT. 18.3.98 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS FOR THE GRANT OF SSS PENSION. P5:- COPY OF THE NARC ISSUED BY THE SUPDT. OF SUB-JAIL, ALLEPPEY DT. 16.7.73. P6:- COPY OF THE CERTIFICATE ISSUED BY SRI.P.A.SOLOMON EX-MP DT. 20.8.73. P7:- COPY OF THE CERTIFICATE ISSUED BY SRI.S.KUMAR EX-MP DT. 9.7.73. P8:- COPY OF THE CERTIFICATE ISSUED BY SRI.S.DAMODARAN EX-MLA DT. 21.12.72. P9:- COPY OF THE LETTER NO.H3.59947/03/D.DIS. DT. 22.6.04 ISSUED BY THE DISTRICT COLLECTOR , ALAPPUZHA. P10:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DT. 30.9.04. P11:- COPY OF THE CO-PRISONER CERTIFICATE ISSUED BY SRI.P.A.SOLOMON EX-MP IN THE PRESCRIBED FORM DT. 29.9.04. P12:- COPY OF THE LETTER NO.52/CC/KER/20/01-FF(SZ) DT. 28.1.04 ISSUED BY THE IST RESPONDENT. P13:- COPY OF THE SANCTION ORDER NO.52/CC/K/69/04-FF(SZ) DT. 3.2.05 ISSUED BY THE IST RESPONDENT. /TRUE COPY/ P.S. TO JUDGE tss HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.28206 OF 2005 ---------------------------- DATED THIS THE 30TH DAY OF JANUARY, 2009 JUDGMENT Petitioner is the wife of late Sri P.Y. Mathew, who was a freedom fighter. It is averred in the writ petition that her husband had actively participated in the Punnapra-Vayalar Movement during the freedom struggle. On account of his participation in the said struggle, he had undergone imprisonment in the defunct Sub Jail lock up at Alleppey for a period of nine months from Meenam 1122 ME to Vrischikam 1123 ME in connection with Case No.P.E.7/1122 ME. Petitioner claimed that her husband is entitled to get the benefit of “Swatantratha Sainik Samman Pension” (SSS Pension). 2. It is also stated that the State pension with effect from 1-4-1971 was granted to him as per proceedings of the District Collector, Alleppey, which is produced as Ext.P1 in this writ petition. Petitioner's husband was the holder of “Thamrapatra” on 14/8/1973 as evidenced by Ext.P2. Ext.P3 is the application dated 2 W.P.(C).No.28206/2005 18/7/1977submitted by petitioner under the SSS pension scheme, which was rejected by the lst respondent for the reason that the Punnapra-Vayalar struggle was not recognised as part of the freedom movement by the Government of India. Since the Punnapra-Vayalar struggle was subsequently recognised by the Government of India with effect from 20/1/1998 as a part of National Freedom Struggle for grant of SSS pension, the petitioner filed Ext.P4 application for the same along with a Non-availability of Records Certificate (NARC) issued by the Superintendent of Sub Jail, Aleppey, Ext.P6 Co-prisoner certificate issued by Sri P.A.Solomon and Exts.P7 and P8 Personal Knowledge Certificates issued by S. Kumar, Ex-MP and Sri S.Damordaran, Ex-MLA respectively. Ext.P11 Co-prisoner certificate in the prescribed form was produced along with Ext.P10 representation, since Ext.P6 Co- prisoner certificate originally produced was not in the prescribed form. By Ext.P9 the District Collector, Alappuzha rejected the application stating that the petitioner has not furnished the requisite documents to substantiate the imprisonment on account 3 W.P.(C).No.28206/2005 of his participation in the Punnapra-Vayalar Struggle. Ext.P5 is the Non-availability of Records Certificate (NARC) issued by the Superintendent of Special Sub Jail, Alappuzha. Clause 9 of the Swatantrata Sanik Samman Pension Scheme is extracted below. “The applicant should furnish the documents indicated below whichever is applicable:- (a) Imprisonment/Detention etc. Certificate from the concerned jail authorities, District Magistrates or the State Government. In case of non-availability of such certificates co-prisoner certificates from a sitting M.P. or M.L.A. or from an ex-M.P. or an ex- M.L.A. specifying the jail period. (Annexure-I in the application form).” 3. Going by the Scheme the requirement of production of certificate stated in Clause 9(a) is satisfied on the basis of the documents submitted by the petitioner. In this case the petitioner produced Ext.P11 Co-prisoner certificate issued by Sri P.A.Solomon, Ex.MP and NARC issued by the Superintendent of Sub Jail, Alappuzha. 4 W.P.(C).No.28206/2005 4. In the counter affidavit filed by the 2nd respondent it is stated that the petitioner has not produced documentary evidence based on official records to prove his claim. It is also stated that in the certificate, Sri S. Kumar, Ex.MP certified that petitioner's husband was arrested during 1946. But the petitioner's husband in his State application has stated that he was arrested in 8/47 and hence, the certificate issued by Sri S. Kumar, Ex-MP is not acceptable. 5. The requirement under Section 9(a) as stated above is the production of two certificates and it is for the State Government to enquire and report about the veracity of those certificates. On receipt of such report and other materials as enjoined under Clause 9(a) of the Scheme, the Central Government shall decide the application on merits. In number of cases this Court examined the certificate issued by Sri P.A.Solomon, Ex-MP. This Court finds that Sri Solomon, Ex-MP is a recipient of Central pension under the very same scheme, which shows that he has undergone imprisonment for a period of not less than six months. 5 W.P.(C).No.28206/2005 Therefore, other documents in support of his certificate need not be insisted upon. 6. In view of Exts.P5 and P11 certificates, the State Government is directed to forward their verification report after examining the materials on record, along with the entitlement to pension report (recommendation) to the 1st respondent, if the petitioner is found eligible, within a period of two months from the date of receipt of a copy of this judgment and the lst respondent, on receipt of such report, shall pass appropriate orders within three months thereafter. It is needless to say that the petitioner is entitled to arrears of pension from the date of receipt of the application, in case the petitioner is entitled to SSS Pension. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. Kcv.