IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 WP(C).No. 8372 of 2006(V) ------------------------- PETITIONER(S): --------------- SUBAIDA RAJA, W/O. LATE A. RAJA, KAINAKARIYIL HOUSE, POWER HOUSE WARD, ARATTUVAZHY P.O., ALAPPUZHA-688 007. 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, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ALAPPUZHA. ADV. SRI.TOJAN J.VATHIKULAM, ADDL.CGSC FOR R1 GOVERNMENT PLEADER, SRI.P.K.RAVI KRISHNAN FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 8372 of 2006(V) A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPY OF PROCEEDINGS OF THIRD RESPONDENT VIDE ORDER NO.6832/88/H4, DATED 21/01/1988. EXT.P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR THE GRANT OF S.S.S PENSION DATED 30/04/1998. EXT.P3 TRUE COPY OF THE P.K.C ISSUED BY SRI.KUNJAN SUKUMARAN DATED 15/04/1998. EXT.P4 TRUE COPY OF THE P.K.C ISSUED BY SRI.V.K.KARUNAKARAN DATED 15/09/1993. EXT.P5 TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER DULY ATTESTED BY THE JUDICIAL FIRST CLASS MAGISTRATE, ALAPPUZHA, DATED 12/02/1999. EXT.P6 TRUE COPY OF THE REPRESENTATION DATED 07/02/2006 SUBMITTED BY THE PETITIONER TO THE THIRD RESPONDENT. EXT.P7 TRUE COPY OF THE N.A.R.C ISSUED BY THE DISTRICT SUPERINTENDENT OF POLICE, ALAPPUZHA, DATED 31/01/2006. EXT.P8 TRUE COPY OF THE P.K.C ISSUED BY SRI.H.K.CHAKRAPANI DATED 18/07/2005. \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No.8372/2006-V ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 13th day of November, 2008. J U D G M E N T Aggrieved by the delay in disposal of grant of Swatantrata Sainik Samman Pension, the petitioner has filed this writ petition. The petitioner is seeking grant of S.S.S Pension as her late husband, Sri.A.Raja who was a freedom fighter had actively participated in the Punnapra-Vayalar Freedom Struggle. It is averred that pursuant to the participation of her late husband in the said struggle, an arrest warrant was issued against him by the Divisional First Class Magistrate Court, Alappuzha in Case No.M.C.No.5/1122 ME. In order to evade arrest, he had gone underground for more than nine months from 14/11/1946 to 16/08/1947. 2. Ext.P1 is the proceedings of the District Collector granting pension to the petitioner as per the Kerala Freedom Fighters' Pension Scheme. Ext.P2 is the copy of the application for grant of Swatantrata Sainik Samman Pension dated 30/04/1998 filed by the petitioner. Personal knowledge certificates issued by prominent freedom fighters, namely, Sri.Kunjan Sukumaran and Sri.V.K.Karunakaran are produced as Exts.P3 and P4. The petitioner has also produced Exts.P5 to P8 documents which includes the personal knowledge certificate issued by Sri.H.K.Chakrapani, W.P.(C) No.8372/2006 -:2:- for consideration of the respondents. 3. In the counter affidavit filed by the first respondent it is averred that the first respondent is awaiting the verification-cum-entitlement report from the State Government and, on receipt of the same, the application will be considered and orders will be passed. 4. The second respondent has filed a counter affidavit. It is stated that there are some defects in the certificates etc.. The stand taken is that the non-availability of records certificate that is produced is not acceptable and the genuineness of the personal knowledge certificate is doubtful. 5. There is no averment in the counter affidavit that verification- cum-entitlement report was forwarded to the first respondent. Whether the certificates produced are acceptable or not, is for the first respondent to decide. The State Government has to forward the verification-cum- entitlement report. As the same has not been forwarded so far, there will be a direction to the second respondent to forward the application and other documents along with the verification-cum-entitlement report. 6. Learned counsel for the petitioner submits that there is no mention in the counter affidavit about the validity of Ext.P8 certificate issued by Sri.H.K.Chakrapani and Ext.P7 non-availability of records W.P.(C) No.8372/2006 -:3:- certificate from the Superintendent of Police, Alappuzha. Anyway, all those are aspects which are to be considered by the State Government and the verification-cum-entitlement report will be forwarded after considering the above certificates also. The same shall be done within two months from the date of receipt of a copy of this judgment. The first respondent shall pass fresh orders within a period of three months thereafter. In the event of sanction of pension, the claim for arrears of pension from the date of Ext.P2 application, i.e. 30/04/1998, shall also be considered. The writ petition is disposed of as above. No costs. T.R. RAMACHANDRAN NAIR, JUDGE ms