IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 23779 of 2007(E) -------------------------------------- PETITIONER: ------------------- GREGORY VINCENT, KOCHEECKARAN VEEDU, CHETTICKADU, PATHIRAPALLY P.O. ALAPPUZHA DISTRICT. BY ADV. SRI.K.K.SATHEESH. RESPONDENTS: ----------------------- 1. UNION OF INDIA, REPRESENTED BY THE UNDER SECRETARY TO GOVT., MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS' DIVISION, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-110 003. 2. STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R2 BY GOVT. PLEADER SRI. V.T.K. MOHANAN, R1 BY ADV. SRI. P. PARAMESWARAN NAIR, ASST. S.G. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.23779/2007-E: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, ALAPPUZHA DTD. 18/09/1999. EXT.P.2: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR SSS PENSION DT. 19/11/2001. EXT.P.3: COPY OF THE REVIEW PETITION SUBMITTED BY THE PETITIONER TO THE R.1. WITH COPY TO THE R.2. DT. 17/10/2002. EXT.P.4: COPY OF THE NARC FROM THE CJM COURT, ALAPPUZHA. EXT.P.5: COPY OF THE PKC ISSUED BY SRI. NARAYANAN RAMANKUTTY. EXT.P.6: COPY OF THE JUDGMENT DTD. 07/11/2006 PASSED BY THIS HONOURABLE COURT IN O.P. NO. 7006/2003. EXT.P.7: COPY OF THE LETTER DTD. 14/06/07 ISSUED BY THE R.1. EXT.P.8: COPY OF THE REVIEW PETITION DTD. 12/07/2007 SUBMITTED BY THE PETITIONER TO THE R.2. EXT.P.9: COPY OF THE ORIGINAL PKC GIVEN BY SRI. H.K. CHAKRAPANI DT. 04/03/2007. EXT.P.10: COPY OF THE EXTRACT OF THE CONVICT REGISTER OF CENTRAL PRISON, TRIVANDRUM ISSUED BY THE SUPDT. IN RESPECT OF THE CERTIFIER SRI. H.K. CHAKRAPANI. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.23779 of 2007-E - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of December , 2008. JUDGMENT The writ petition is filed challenging Ext.P7 by which the application for Swathanthratha Sainik Samman Pension submitted by the petitioner stands rejected by the Central Government. Among the various reasons pointed out in Ext.P7, the prominent one is that the State Government has not recommended the application. The petitioner has filed Ext.P8 before the State Government, wherein additional materials have been produced by way of original of the personal knowledge certificate issued by late Shri H.K. Chakrapani, Ext.P9 and true extract of the convict register of Central Prison, Trivandrum relating to the certifier, Ext.P10. 2. The claim is for his active participation in the Punnapra-Vayalar movement. It is stated that an arrest warrant was issued against him by the Special Magistrate Court, Alleppey in case No.P.E.7/1122 ME and in order to evade arrest, he had gone underground for a period more than one year from 12.3.1122 ME to 25.4.1123 ME. True copy of the application filed by the petitioner for grant of pension is produced in this writ petition as Ext.P2. WPC 23779/2007 -2- 3. Now that the petitioner has sought for a reconsideration of the matter at the hands of the State Government, there will be a direction to the second respondent to consider Ext.P8 along with Exts.P9 and P10 and forward a fresh verification-cum-entitlement report showing appropriate recommendation to the first respondent, within a period of two months from the date of receipt of a copy of this judgment. To enable the first respondent to reconsider the matter, Ext.P7 is quashed. The first respondent shall pass fresh orders within a period of two months from the date of receipt of fresh verification-cum-entitlement report from the State Government. In the event of sanction of pension, the claim of the petitioner for arrears of pension from the date of Ext.P1 application dated 19.11.2001 shall also be considered. The writ petition is disposed of as above. (T.R. Ramachandran Nair, Judge.) kav/