IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 WP(C).No. 29573 of 2006(U) -------------------------------------- PETITIONER: ------------------- N.KAMALAKSHY, AGED 67, THOTTUKADAVIL HOUSE, KADAKKARAPPALLY P.O., CHERTHALA. BY ADV. SRI.J.OM PRAKASH RESPONDENTS: ---------------------- 1. THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL ADMINISTRATION, SECRETARIATE, THIRUVANANTHAPURAM. BY ADV. SRI.MANOJ RAMASWAMY, ADDL.CGSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.29573/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE PENSION APPLICATION OF THE PETITION DT. 29.4.98. EXT.P2;- COPY OF THE CERTIFICATE ISSUED BY SRI.P.A.SOLOMON EX.M.P. DT. 30.7.73. EXT.P3:-COPY OF THE LETTER ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA DT. 8.8.75. EXT.P4:- COPY OF THE CERTIFICATE DT. 9.7.73 OF THE SUPERINTENDENT OF SUB JAIL , ALAPPUZHA. EXT.P5:- COPY OF THE CERTIFICATE IN THE PRESCRIBED FORM ISSUED BY SRI. P.A.SOLOMAN EX.M.P. DT. 5.9.01. EXT.P6:- COPY OF THE ORDER ISSUED BY THE UNDER SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, DT. 11.4.05. EXT.P7:- COPY OF THE LETTER DT. 28.1.04 ISSUED BY THE UNDER SECRETARY TO GOVERNMENT OF INDIA. EXT.P8:- COPY OF THE LETTER OF THE UNDER SECRETARY TO GOVERNMENT OF INDIA DT. 3.2.05. EXT.P9:- COPY OF THE JUDGMENT IN WPC. NO.19261/05 DT. 31.1.06. EXT.P10:- COPY OF THE REPORT OF THE TAHSILDAR, CHERTHALA AND THE ENDORSEMENT DT. 29.6.72. EXT.P11:- COPY OF THE LETTER OF THE UNDER SECRETARY TO GOVERNMENT OF INDIA. /TRUE COPY/ P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR, J. = = = = = = = = = = = = = = = = WP(C).No.29573 OF 2006-U. = = = = = = = = = = = = = = = = Dated this the 4th day of January, 2008. J U D G M E N T The petitioner is the widow of late Sri.Chellappan who was an active participant of Punnapra Vayalar Struggle which is recognised to grant of Swatanthrata Sainik Samman Pension. He was an accused in CC.No.23/1122 of the Special Magistrate Court, Alappuzha and had remained underground for more than six months as non-bailable warrant was issued against him. Later he was arrested by the police and they kept him in the Sub Jail, Alappuzha for 7 months from December, 1946 to June, 1947. The application for pension is Ext.P1 which is supported by a certificate issued by Sri.P.A.Solomon, Ex.M.P. Ext.P2. Ext.P3 shows that he was a recipient of Thamrapathra and Ext.P4 is the certificate of the Superintendent of Sub Jail, Alappuzha reporting about the non-availability of records. But for want of due recommendation from the State Government, the application was rejected by Ext.P6 which is under challenge in this writ petition. In WP(C).No.29573 OF 2006-U. 2 Ext.P6 the main reason for rejection is that the State had not recommended the case of the late husband of the petitioner. 2. The petitioner has filed a reply-affidavit to the counter- affidavit filed by the Central Government producing Exts.P10 & P11. The learned counsel for the petitioner pointed out that Ext.P10 will show that the late husband of the petitioner was an accused in Case No.23/122 and he was detained for 9 months at Sub Jail, Alappuzha. In Ext.P10 column No.1 shows the details of sufferings as well as other particulars relating to the detenue. There is a foot note stating that, “he was an under-trial prisoner in Punnapra Vayalar case for more than 9 months. His name appears as item No.10, category IV in the police list. Sanctioned.” This is the note made by the District Collector apparently while sanctioning State pension. Therefore, this is a valid proof in support of the claim. Hence the matter is to be re-examined by the State Government afresh. 3. Ext.P6 is therefore quashed. The petitioner is directed to forward a true copy of Ext.P10 to the second respondent within one month from the date of receipt of a copy of this judgment. On receipt of the same the second respondent will re-examine the same on the basis WP(C).No.29573 OF 2006-U. 3 of the records of the District Collector, Alappuzha which will definitely contain the original of Ext.P10. After verifying the same a proper verification-cum-entitlement report will be duly forwarded to the first respondent along with the recommendation required. This shall be done within a further period of two months from the date of receipt of the representation and materials by the petitioner. On receipt of the verification-cum-entitlement report the Central Government will process the application and finalise the same within a period of two months thereafter. The claim for arrears of pension from the date of receipt of the application Ext.P1 for SSS Pension will also to be considered by the Central Government. The writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/