IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 WP(C).No. 527 of 2006(K) ---------------------------------- PETITIONER(S): ---------------------- P. NARAYANI, VADAKKEVELIYAKOM, VATTAYAL WARD, ALLEPPY-688 002. BY ADV. SRI.C.V.MANUVILSAN SRI.G.SUDHEER (THURAVOOR) SRI.T.K.SUJITH RESPONDENT(S): ------------------------- 1. UNION OF INDIA, MINISTRY OF HOME AFFAIRS, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-110 003. 2. THE SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, (FREEDOM FIGHTER'S PENSION DEPARTMENT) SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.V.T.K.MOHANAN FOR R2 ADV. SRI.P.PARAMESWARAN NAIR, CGC FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 527/2006-K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.R.DIS. 24169/83/N4 DATED 31/12/1983. EXT.P2: COPY OF THE ORDER NO.H.72583/91 DATED 19/11/1991. EXT.P3: COPY OF THE APPLICATION SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.P3(a): COPY OF THE ACKNOWLEDGEMENT CARD. EXT.P4: COPY OF THE CERTIFICATE OF SUFFERING ISSUED BY SHRI.V.K.KARUNAKARAN DATED 15/07/1981. EXT.P4(a): COPY OF THE PERSONAL KNOWLEDGE CERTIFICATE ISSUED BY SHRI. C.G.SADASHIVAN. EXT.P4(b): COPY OF THE NARC ISSUED BY THE CHIEF JUDICIAL MAGISTRTE, ALAPPUZHA. EXT.P4(c): COPY OF THE NARC ISSUED BY THE SUPERINTENDENT OF SUB-JAIL ALAPPUZHA. EXT.P5: COPY OF THE JUDGMENT MADE BY THIS HONOURABLE COURT IN W.P.(C). NO. 1261/2005 DATED 01/04/2005. EXT.P6: COPY OF THE COVERING LETTER ISSUED BY THE COUNSEL FOR THE PETITIONER ON 30/04/2005. EXT.P7: COPY OF THE LETTER NO.52/CC/K/13/2005-FF(SZ) DATED 07/06/2005. EXT.P8: COPY OF THE LETTER DATED 07/07/2005, ISSUED BY THE DEPUTY SECRETARY TO THE GOVERNMENT. EXT.P9: COPY OF THE LETTER NO.5536/FFP A2/2005/GAD DATED 26/07/2005. EXT.P10: COPY OF THE COMMUNICATION NO.52/CC/K/13/2005-FF(SZ) DATED 28/09/2005. EXT.P11: COPY OF THE NON-AVAILABILITY COPY APPLICATION OF THE CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE Rs/ T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No.527/2006-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 11th day of December, 2008. J U D G M E N T The petitioner is an applicant for the grant of Swatantrata Sainik Samman Pension. She is a widow of Sri.V.K.Sankaran Vaidyan who expired on 01/09/1991. He was a participant in the Civil Disobedience Movement during the National Freedom Struggle and Punnapra-Vayalar Freedom Struggle in 1946. It is stated that two arrest warrants were issued against him in case No.PE.4/1114 of Special Court, Alappuzha and in case No.PE.7/1122 of Special First Class Magistrate Court, Alappuzha. In order to evade arrest in both these cases, the petitioner's husband went underground for a period of eight months from 08/03/1114 to 16/11/1114 (ME) and for a period of 13 months from 29/10/1946 to 30/11/1947. 2. Ext.P1 is the application submitted by the late husband of the petitioner for grant of pension. He was a recipient of pension under the State's Scheme and after his death the petitioner/widow has been granted the benefit going by Ext.P2. Exts.P4 to P4(c) are the certificates relied upon by the petitioner to prove the suffering. Earlier, the petitioner approached this Court by filing a writ petition which was disposed of by Ext.P5 judgment. This Court directed the first respondent/Central Government to take up W.P.(C) No.527/2006 -:2:- Ext.P3 application filed by the petitioner and dispose of the same after notice to the petitioner and affording a hearing to her or her authorised representative within a period of two months from the date of receipt of a copy of the judgment. The petitioner appeared before the Deputy Secretary to Government, General Administration Department, Thiruvananthapuram, which is evidenced by Ext.P8 receipt issued by him stating that the copy of the judgment and vakalath has been received from the counsel. Ext.P9 is the copy of the communication issued by the State Government to the counsel of the petitioner stating that appropriate report has been forwarded to the Central Government. But without anything more, Ext.P10 order has been passed. 3. The learned counsel for the petitioner submits that going by the directions in Ext.P5 judgment, the petitioner was entitled for a hearing, either in person or through her authorised representative. It is submitted that Ext.P7 notice does not satisfy the requirements of the notice, no specific date is given there and, the name of the officer before whom the representative had to appear has also not been stated. It is in that view of the matter the counsel had appeared before the Deputy Secretary to the State of Kerala. But still the petitioner was awaiting a further opportunity as the notice, Ext.P7 was defective. 4. It is true that by Ext.P7 a notice was issued giving an opportunity for hearing. But it is vague as to the details of the Officer before whom the W.P.(C) No.527/2006 -:3:- petitioner or her authorised representative had to appear and, no specific date is also fixed, except by stating that they can appear before the concerned Deputy Secretary within 30 days of the date of issue of that communication. Ultimately, final orders have been passed without hearing the matter or giving an opportunity for producing further materials. 5. Along with I.A.No.15907/2008, the petitioner has produced Ext.P11 copy of the non-availability of records certificate issued by the Chief Judicial Magistrate, Alappuzha. It is also prayed that the same may also be directed to be considered by the first respondent. 6. In the light of the fact that the petitioner did not get an effective opportunity in accordance with the directions issued in Ext.P5 judgment, I am of the view that the petitioner can be given a further opportunity in the matter. Therefore, Ext.P10 is quashed. The first respondent will issue a fresh notice in the matter by providing an opportunity to the petitioner to produce materials before the first respondent in support of the application. The learned counsel for the petitioner submits that he is not insisting for a personal hearing and an opportunity to produce the materials may be given. 7. In that view of the matter, the petitioner will be allowed to produce additional materials by the first respondent by a notice issued for that purpose. The same shall be issued within a period of one month from the date of receipt of a copy of this judgment. Fresh orders will be passed accordingly, after W.P.(C) No.527/2006 -:4:- perusing all the materials produced by the petitioner and the report submitted by the State Government in the matter, within three months thereafter. The writ petition is allowed as above. No costs. (T.R. Ramachandran Nair, Judge.) ms