IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 2571 of 2007(F) -------------------------------------- PETITIONER(S): ----------------------- BHARATHI KRISHNAN, W/O. LATE ETTACHI KRISHNAN, CHIRAYIL VEEDU, THIRUMALABHAGOM P.O., THURAVOOR,CHERTHALA TALUK, ALAPPUZHA DIST., PIN-688 540. BY ADV. SRI.K.K.SATHEESH 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, THIRUVANANTHAPURAM. ADV. SRI.PAUL JACOB, ADDL.CGSC FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.2571/2007 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE EXTRACT OF THE CONVICT REGISTER OF CENTRAL PRISON, TRIVANDRUM ISSUED BY THE SUPDT. OF CENTRAL PRISON, TRIVANDRUM. P2:- COPY OF THE ORDER NO.R.DIS. 1171/72/F6 DT. 29.2.1972 ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA. P3:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S LATE HUSBAND TO THE RESPONDENTS DT. 27.4.1998. P4:- COPY OF THE JUDGMENT DT. 31.10.05 PASSED BY THIS HONOURABLE COURT IN WP(C) NO.37344/2003. P5:- COPY OF THE LETTER NO.52/CC/KER/73/2005-FF(SZ) DT. 23.3.2006 ISSUED BY THE IST RESPONDENT TO THE PETITIONER. P6:- COPY OF THE REVIEW PETITION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DT. 30.11.06. P7:- COPY OF THE FIR IN CRIME NO.7/122 ME. /TRUE COPY/ P.A. TO JUDGE tss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2571/2007-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 1st day of December, 2008. J U D G M E N T The petitioner is the widow of a freedom fighter Sri.Ettachi Krishnan, who had actively participated in the Punnapra-Vayalar Movement during the freedom struggle. In view of the same, he was convicted and sentenced by the First Class Magistrate Court, Cherthala in C.C.No.38/1123 ME to undergo simple imprisonment for six months. Thereafter, he had undergone imprisonment in the Central Prison, Thiruvananthapuram for a period of six months from 29/01/1124 ME to 25/07/1124 ME. Ext.P1 is the true extract of the convict register of Central Prison, Thirvananthapuram. Thereafter, as per Ext.P2, pension has been granted to the petitioner's late husband under the Kerala Freedom Fighters' Pension Scheme. Later, he submitted an application for grant of Swatantrata Sainik Samman Pension as per Ext.P3 and, by Ext.P4 judgment, this Court directed the respondents to take a decision in respect of the claim. Subsequently, the application stands rejected by Ext.P5. 2. The main reason stated in Ext.P5 for rejection is that there is no positive recommendation by the State Government for granting pension. The State Government has taken the stand based on the report of the District W.P.(C) No.2571/2007 -:2:- Collector, Alappuzha that C.C.No.38/1123 ME, in which the petitioner was convicted, is not included in the register of Punnapra-Vayalar cases. Sub para (i) of para (7) of Ext.P5 order also shows that this is the main reason of the Central Government to reject the application. 3. The petitioner thereafter filed Ext.P6 before the State Government seeking reconsideration of the matter. Along with the same, copy of the F.I.R in Crime No.7/122 ME has also been produced (Ext.P7). As per Ext.P7, the late husband of the petitioner is arrayed as the third accused. 4. The first respondent filed a detailed counter affidavit where the stand taken by the Central Government is that there is no positive recommendation by the State Government for granting pension to the petitioner. 5. Ext.P1 is the true extract of the convict register wherein the petitioner's husband had undergone conviction in C.C.No.38/1123 ME. Now the stand taken is that C.C.No.38/1123 ME is not a case connected with the Punnapra-Vayalar Struggle. The petitioner has produced copy of the F.I.R as Ext.P7, on the basis of which the matter requires reconsideration. It is pointed out by the learned counsel for the petitioner that Column 14 of P1 will show that that the offence charged is under S.9(i)cl.(a) and Section read with S.2 cl.6 of Act I 122. The same is the offence mentioned in Ext.P7 also. Relying on W.P.(C) No.2571/2007 -:3:- Ext.P1, the State Government had granted pension to the late husband of the petitioner under the Kerala Freedom Fighers' Pension Scheme, submits the learned counsel for the petitioner. According to me, these are matters which require a deeper enquiry at the hands of the State and the Central Governments. 6. In view of the above, there will be a direction to the second respondent to consider Ext.P6 on its merits along with F.I.R in Crime No.7/122 ME produced in this writ petition as Ext.P7 and other materials. The same shall be done within a period of six weeks from the date of receipt of the copy of this judgment. After verifying the records, the second respondent shall forward a fresh verification-cum-entitlement report showing appropriate recommendation to the first respondent. On receipt of the same, the first respondent shall reconsider the matter within a period of two months. To enable the first respondent to decide the matter afresh, Ext.P5 stands set aside. In the event of sanction of pension, the first respondent will consider the grant of arrears of pension from the date of the application i.e. 27/04/1998. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms