IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(C).No. 30935 of 2005(G) -------------------------- PETITIONER: ------------------- CHANDY OUSEPH, (C.C.JOSEPH), CHIRAYIL HOUSE, KLUZHIYIL LANE, MARKET WARD, PUNALLOR-691 305, KOLLAM DISTRICT. BY ADV. SMT.K.M.BEENA RESPONDENTS: ---------------------- 1. IUNION OF INDIA, REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS DIVISION, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-1100 003. 2. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. BY SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR GOVERNMENT PLEADER SMT.N.SUDHA DEVI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/04/2008, THE COURT ON 09/04/2008 DELIVERED THE FOLLOWING: WP(C).No. 30935 of 2005(G) APPENDIX Petitioner's Exhibits:- P1: Copy of the certificate issued by a well-known freedom fighter Sri.Ittiyathil Vasudevan to the petitioner. P2: Copy of the memo dtd.7.1.1954 issued by Asst.Secretary to Government, Govt. of Travancore-Cochin. P3: Copy of the order passed by the District Collector, Alappuzha and pension payment order. P4: Copy of the proceedings of the District Collector, Kollam dtd.5.1.1986. P5: Copy of the bus pass for the freedom fighters issued to the petitioner No.FF.No.03213. P6: Copy of the letter of recommendation along with an affidavit sworn by the petitioner, sent by the State Government dtd.2.11.2000. P7: Copy of the communication dtd.24.8.1981 made by the petitioner before the Chief Judicial Magistrate Court, Alappuzha. P8: Copy of reply dtd.29.12.2000 sent by Under Secretary to the Government of India to the petitioner. P9: Copy of the application dtd.19.5.2006 submitted by the petitioner before the RDO, Alappuzha. P10: Copy of the NARC Certificate No.R.M.1 – 4097/06/S.A. issued by the Director of Archives, Thiruvananthapuram. Respondents' Exhibits: Nil. ( true copy ) PA to Judge. kvs/- T.R.RAMACHANDRAN NAIR, J. ========================= WP(C).No.30935 of 2005-G. ========================= Dated this the 9th day of April, 2008. J U D G M E N T This is a case where in spite of the recommendation by the State Government, the Central Government has rejected the application for grant of SSS Pension by a short order Ext.P8. It was mainly rejected for the reason that it is not supported by official records and that the petitioner had mentioned that the case involving him was subsequently withdrawn. 2. The petitioner was a prominent freedom fighter who had actively participated in the Punnapra-Vayalar struggle. Ext.P1 is the certificate issued by another prominent freedom fighter. The petitioner was an accused in case No.PE.5/122 of Special Magistrate Court, Alappuzha. He went underground in 1946 and remained there till January, 1950 pursuant to a warrant of arrest issued against him. After independence the case was WP(C).No.30935 of 2005-G. -: 2 :- withdrawn resulting in the end of the suffering of the petitioner. The petitioner was granted pension under the State Scheme as per Ext.P3 for participation in the same struggle. After the Punnapra- Vayalar struggle was recognised for grant of SSS Pension he made an application on 15.7.1998. This was recommended by the State as evidenced by Ext.P6. It shows that the District Collector and the District Advisory Committee have recommended his case for SSS Pension. Ext.P7 is the copy of the NARC issued by the criminal court. 3. Along with Ext.P6 the petitioner had produced an affidavit. The withdrawal of the case against him is clearly after the independence and that cannot be taken as a ground to reject the application. His specific case is that there was a warrant against him in connection with case No.PE.5/122. In the absence of official records the personal knowledge certificate as well as valid NARC along with the recommendation by the State Government can be considered by the first respondent to sanction pension. All these aspects have not been considered in Ext.8. Therefore Ext.P8 WP(C).No.30935 of 2005-G. -: 3 :- is quashed. The first respondent will reconsider the matter after assessing the various materials produced by the petitioner and forwarded by the State including the recommendation by the State Government. Appropriate orders shall be passed within a period of two months from the date of receipt of a copy of this judgment by the first respondent. In the event of sanction of pension the claim for arrears from the date of receipt of the application shall also be considered by the first respondent. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-