IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 RP.No. 657 of 2009(P) --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.33744/2004 .................... REVIEW PETITIONER/PETITIONER & ADDL.PETITIONER ---------------------------------------------------------------------------------- 1. P.BALAKRISHNAN (DIED), VARUVILA PUTHEN VEEDU, KULANADA, KIZHAKKANELA P.O., PARIPPALLY, KOLLAM. 2. KUNJULAKSHMI,W/O.LATE P.BALAKRISHNAN, VARUVILA PUTHEN VEEDU, KULANADA, KIZHAKKENELA P.O., PARIPPALLY, KOLLAM. BY ADV. SRI.N.DHARMADAN, SENIOR ADVOCATE SMT.R.RANJINI RESPONDENTS/RESPONDENTS ---------------------------------------------- 1. UNION OF INDIA,REP.BY SECRETARY TO GOVT.OF INDIA,MINISTRY OF FREEDOM FIGHTERS DIVISION,HOME AFFAIR,GIRISH MANTRALAYAM,NEW DELHI. 2. STATE OF KERALA, REP.BY SECRETARY TO THE GOVT.GENERAL ADMINISTRATION (PENSION DIVISION), SECRETARIAT,THIRUVANANTHAPURAM. R1 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR R2 BY GOVERNMENT PLEADER. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 05/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: app/- C.N.RAMACHANDRAN NAIR, J - - - - - - - - - - - - - - - - - - - - - - - R.P. No.657 of 2009 IN W.P.(C) NO.33744 OF 2004 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2009 O R D E R The review petition is filed by the widow of the petitioner stating that as on the date of disposal of the WPC on 19.9.2008 the petitioner was no more in as much as he died on 1.9.2007. Ofcourse, death of the petitioner was not reported to the court when the case was heard and disposed of. I heard counsel for the review petitioner and Government Pleader who referred to the reason mentioned in Ext.P5 in denying the benefit of SSS pension to the late husband of the review petitioner. It is clear from Ext.P5 that the certificates produced by him in support of his claim for suffering in the prison are issued by people who have not suffered the minimum period of imprisonment making them eligible to issue certificate. Further, the deceased husband R.P. No.657 of 2009 IN W.P.(C) NO.33744 OF 2004 2 of the review petitioner could not produce any evidence about suffering in prison making him eligible for SSS pension. I do not think any purpose will be served by granting further opportunity to the review petitioner to prove her late husband's suffering in the prison in connection with freedom strike. Facts which he could not prove during his life time cannot be proved by the widow at the distance of time. The sufferings in the prison was obviously 60 years back and review petitioner does not claim that she has any acceptable evidence about it. In these circumstances, the review petition is devoid of any merit and hence it is dismissed. C.N.RAMACHANDRAN NAIR, JUDGE app/-