IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 598 of 2004(U) ---------------------------------- PETITIONER: ------------------ C.A.KUMARAN, MADATHANICHIRA, M.N.P.O.VIA,S.L.PURAM, CHERTHALA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.K.K.SATHEESH RESPONDENTS: ---------------------- 1. UNION OF INDIA, REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS DIVISION, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI 110 001. 2. STATE OF KERALA REP. BY THE SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.P.PARAMESWARAN NAIR, ASST. SG. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP.(C).598/2004-U APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE SALIENT FEATURES OF THE SSS PENSION SCHEME, 1980. EXT.P2: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR THE GRANT OF SSS PENSION TO THE RESPONDENTS EXT.P3: COPY OF THE PKC ISSUED BY SRI.KUNJAN SUKUMARAN. EXT.P4: COPY OF THE PKC ISSUED BY SRI.C.G.SADASIVAN EX-MLA. EXT.P5: COPY OF THE COMMUNICATION NO.H3.385/98/S.R DATED 20/01/01 ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA TO THE PETITIONER. EXT.P6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE DISTRICT COLLECTOR, ALAPPUZHA DATED 25/03/2002. EXT.P7: COPY OF THE NARC ISSUED BY THE CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA. EXT.P8: COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER DULY ATTESTED BY THE JUDICIAL MAGISTRATE OF IST CLASS-II, ALAPPUZHA DATED 17/01/02. EXT.P9: COPY OF THE PROCEEDINGS NO.R.DIS. 66800/86/N DATED 18/10/1986 ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA. EXT.P10: COPY OF THE PKC ISSUED BY SRI.NARAYANAN RAMANKUTTY. EXT.P11: COPY OF THE PKC ISSUED BY SRI.PARAMESWARAN SURENDRAN. EXT.P12: COPY OF THE COMMUNICATION NO.H2.41182/03/D. DIS DATED 23/10/2003 ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA TO THE PETITIONER. EXT.P13: COPY OF ATHE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 10/12/03. EXT.P14: COPY OF THE PKC ISSUED BY SRI.H.K.CHAKRAPANI. RESPONDENT'S EXHIBITS: NIL // TRUE COPY // P.A. TO JUDGE Rs/ T.R.RAMACHANDRAN NAIR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C). No.598/2004-U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 25th day of July, 2008 J U D G M E N T The writ petitioner is an applicant for the Swatantrata Sainik Samman Pension. It is stated that on account of his participation in the freedom struggle, namely, Punnapra-Vayalar Movement, an arrest warrant was issued against him in P.E.No.7/1122 ME by the Special Magistrate Court, Alappuzha, and to evade arrest, he had gone underground for a period of 14 months from 27/10/1946 to 10/12/1947. Ext.P2 is the application submitted by the petitioner for S.S.S pension. Exts.P3 and P4 are the Personal Knowledge Certificates issued by Sri.Kunjan Sukumaran and Sri.C.G.Sadasivan, Ex-M.L.A. 2. The District Collector directed him to produce certain documents as per Ext.P5. In reply thereto, the petitioner filed Ext.P6 representation with a copy of the Non-Availability of Records Certificate (N.A.R.C) from the Chief Judicial Magistrate Court, Alappuzha (Ext.P7) and a duly addressed affidavit (Ext.P8). The petitioner has also been sanctioned pension under the State W.P.(C).NO.598/2004-U -:2:- Freedom Fighters' Pension Scheme as evident from Ext.P9 and, Exts.P10 and P11 are the Personal Knowledge Certificates issued by Sri.Narayanan Ramankutty and Sri.P.K.Surendran, which were also produced along with Ext.P6. 3. The petitioner was also served with Ext.P12 communication of the District Collector stating that, for want of proper documents, the State Government has refused to recommend the application. Thereafter, the petitioner submitted fresh representation Ext.P13. Ext.P14 Personal Knowledge Certificate issued by Sri.H.K.Chakrapani is also produced along with Ext.P13. The first respondent has filed a counter affidavit stating inter alia that the Verification-cum-Entitlement Report has not been forwarded by the State Government so far. 4. In the light of the fresh representation submitted by the petitioner as per Ext.P13, the matter will have to be re-considered by the second respondent. There will be a direction to the second respondent to consider Ext.P13 along with the certificates produced namely Ext.P14 and the other annexures and forward a fresh Verification-cum-Entitlement Report to the first respondent within a period of two months from the date of receipt of a copy of the judgment. On receipt of the fresh report from the State W.P.(C).NO.598/2004-U -:3:- Government, the first respondent will consider and, thereafter, pass fresh orders in the matter. Final orders in that regard shall be passed within a further period of three months from the date of receipt of records from the State Government. In the event of sanction of pension, the eligibility of the petitioner for payment of arrears with effect from the date of Ext.P2 application dated 22/04/1998, will also be considered by the first respondent. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, Judge ms