IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 4758 of 2005(N) ------------------------- PETITIONER(S): --------------- ROSAMMA THOMAS, W/O.LATE V.L.THOMAS, VELIYIL HOUSE, THUMPOLY P.O., ALAPPUZHA-8. BY ADV. SRI.K.K.SATHEESH SMT.M.C.SHIJIMOL RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS' DIVISION, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-110 003. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL ADMINISTRATION (FFP A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ALAPPUZHA. ADV. SMT.GIRIJA.L., ADDL.CGSC FOR R1 SRI.ABRAHAM THOMAS, CGC FOR R1 R2 & R3 BY GOVERNMENT PLEADER SRI T.K.VIPINDAS THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.4758/2005 APPENDIX PETTIONER'S EXTS: EXT.P1 TRUE COPY OF THE ODER NO.R.DIS. 11271/72 DTD.18/7/1972 ISSUED BY THE 3RD RESPONDENT. EXT.P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR THE GRANT OF SSS PENSION DTD. 18/4/1998. EXT.P3 TRUE COPY OF THE PKC ISSUED BY SRI KUNJAN SUKUMARAN DTD. 18/4/1998. EXT.P4 TRUE COPY OF THE COMMUNICATION NO.H3-440/98/SR DTD. 30/7/2001 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. EXT.P5 TRUE COPY OF THE AFFIDAVIT DULY ATTESTED BY THE JUDICIAL IST CLASS MAGISTRATE-I COURT, ALAPPUZHA DTD. 16/1/1999. EXT.P6 TRUE COPY OF THE PKC ISSUED BY SRI ITTIYATHI VASUDEVAN DTD 28/8/2001. EXT.P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITINER TO THE 3RD RESPONDENT DTD. 7/12/2004. EXT.P8 TRUE COPY OF THE PKC ISSUED BY SRI H.K.CHAKRAPANI DTD 15/11/2004. EXT.P9 TRUE COPY OF THE REPRESENTATION SUBMITTD BY THE PETITINER TO THE 3RD RESPONDENT DTD. 27/12/2004. EXT.P10 TRUE COPY OF THE NARC ISSUED BY THE CJM CURT, ALAPPUZHA. HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.4758 OF 2005 ---------------------------- DATED THIS THE 8TH DAY OF APRIL, 2009 JUDGMENT Petitioner is the widow of a veteran freedom fighter Sri V.L. Thomas, who had actively participated in the Punnapra Vayalar Movement during the freedom struggle. On account of his participation in the said struggle, arrest warrant was issued against him by the Special Magistrate's Court, Alleppey in Case No.P.E.7/1122 ME and in order to evade arrest, he had gone underground from October, 1946 to September,1947 and as such he is entitled to get the benefit of “Swatantratha Sainik Samman Pension” (hereinafter referred to as “SSS pension”). 2. Admittedly, petitioner's late husband was a recipient of State pension and “Thamrapathra” holder. Ext.P1 is the order sanctioning the State pension. Petitioner submitted Ext.P2 application for grant of SSS pension. Along with Ext.P2 she produced Ext. P3 Personal Knowledge Certificate issued by -2- W.P.(C).No.4758/2005 Sri Kunjan Sukumaran, a freedom fighter. Ext.P5 is an affidavit duly attested by the Judicial First Class Magistrate-I Court, Alappuzha. Ext.P6 is the Personal Knowledge Certificate issued by Sri Ittiyathi Vasudevan, a freedom fighter, produced along with her representation, as directed by the District Collector in Ext.P4 communication. Ext.P7 is the representation submitted by the petitioner Ext.P8 is the Personal Knowledge Certificate issued by Sri H.K. Chakrapani. Ext.P10 is the Non-availability of Records Certificate (NARC) issued by the Chief Judicial Magistrate's Court, Alappuzha produced along with Ext.P9 representation. 3. In the counter affidavit filed by the 2nd respondent, it is stated that though the petitioner has claimed that her late husband participated in Punapra Vayalar struggle and was an accused in Case No.PE.7/1122 and remained underground for a period from October 1946 to September, 1947, she has not produced any documentary evidence based on official records or other sufficient documents to prove her claim. Moreover the -3- W.P.(C).No.4758/2005 District Collector reported that the petitioner's husband in his pension application has not claimed any participation in the Punnapra Vayalar Stuggle. 4. Though the documents in support of the application were produced by the petitioner, the State Government did not forward their verification-cum-entitlement to pension report along with their recommendation to the Central Government. In the counter affidavit filed by the Government it is also stated that the applicant's husband has not stated that he had participated in the Punnapra Vayalar Struggle in his application for State pension. It is an undisputed fact that he was a recipient of State pension and a “Thamrapathra” holder that will go to show that the petitioner's husband was a veteran freedom fighter. The fact that he has not mentioned some facts in his State pension application is not a ground for turning down his request for SSS pension. Petitioner also produced Personal Knowledge Certificates (Exts.P3 & P6) issued by Sri Kunjan Sukumaran and Sri Ittiyathi Vasudevan. Ext.P8 is a Personal Knowledge -4- W.P.(C).No.4758/2005 Certificate issued by Sri H.K. Chakrapani, who is a recipient of State and Central pension and a “Thamrapathra” holder. Ext.P10 is the NARC issued by the Chief Judicial Magistrate's Court, Alappuzha. The petitioner has satisfied eligibility conditions by producing relevant documents. 5. In the circumstances, a direction is issued to the State Government to forward the verification-cum-entitlement to pension report along with the recommendation to the Central Government within a period of two months from the date of receipt of a copy of this judgment. On receipt of such recommendation, the Central Government shall pass appropriate orders within two months thereafter. It is needless to say that the petitioner is entitled to arrears of pension from the date of receipt of the application dated 18/4/1998, in case the applicant is entitled to SSS pension. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.