IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No. 26211 of 2009(V) -------------------------- PETITIONER(S): --------------- KUNJU PENNU NARAYANI, W/O.RAGHAVAN, AGED 71, MOLACHUMVEEDU, S.L.PURAM P.O., ALAPPUZHA. BY ADV. SRI.J.OM PRAKASH RESPONDENT(S): --------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. ADV. SRI.K.R.SUNIL FOR R1 GOVERNMENT PLEADER SMT.T.B.REMANI FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.26211/2009 2 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE APPLICATION DT 30.1.1998. P2 COPY OF THE ORDER DT 18.7.1974. P3 COPY OF THE CERTIFICATE OF EX.M.P. DT 21.12.2004. P4 COPY OF THE APPLICATION AND ORDER DT 1.6.2005. P5 COPY OF THE CERTIFICATE DT 11.8.1998. P6 COPY OF THE ORDER DT 11.4.2005. P7 COPY OF THE ORDER DT 31.10.2007. P8 COPY OF THE REPORT OF THE TAHSILDAR. P9 COPY OF THE JUDGMENT DT 28.7.2008. P10 COPY OF THE ORDER DT 10.6.2009. // True Copy // P.A. To Judge P.N. RAVINDRAN, J. ``````````````````````````````````````````````````````` W.P.(C) No. 26211 of 2009 V ``````````````````````````````````````````````````````` Dated this the 17th day of February, 2010 J U D G M E N T The petitioner is the wife of late K.Raghavan, who passed away in the year 1972. After his death, the petitioner applied to the District Collector, Alappuzha for grant of State Freedom Fighters' Pension contending that her husband had participated in the Punnapra – Vayalar Movement and was imprisoned in connection with the said movement in the Sub Jail, Alappuzha during the period from 10-11-1946 to 30-06-1947. By Ext.P2 order dated18-07-1974, the District Collector, Alappuzha granted State Freedom Fighter's Pension to the petitioner with effect from 01-04-1971. The petitioner is presently receiving State Freedom Fighter's Pension. 2. The Punnapra – Vayalar Movement was recognised by the Central Government as a freedom movement with effect from 31-03-1997. The petitioner thereupon filed Ext.P1 application for central freedom fighters' pension under the Swathanthratha Sainik Samman Pension Scheme, 1980, hereinafter referred to as the WPC.26211/2009 : 2 : 'Scheme' for short. In that application, she stated that her husband was imprisoned in the Sub Jail, Alappuzha as an under trial prisoner for a period of seven months and twenty days from 10-11- 1946 to 30-06-1947. She had also enclosed along with it a copy of Ext.P2 order passed by the District Collector sanctioning payment of State Freedom Fighters' Pension to her. When the State Government declined to forward the said application to the Central Government along with their recommendations, the petitioner filed W.P.(C) No.10653 of 2004 in this Court. By judgment delivered on 29-11-2004, this Court directed the State Government to reconsider the petitioner's claim after affording her an opportunity to rectify the defects noticed by the State Government. 3. As directed by this Court, the State Government reconsidered the matter and sent a letter dated 25-02-2005 to the Central Government to the effect that the State Government does not recommend grant of central freedom fighters' pension to the petitioner. On that ground, the Central Government rejected the petitioner's application by Ext.P6 letter dated 11-04-2005. The petitioner thereupon filed a representation dated 02-08-2005 WPC.26211/2009 : 3 : before the Central Government requesting the Central Government to review its decision. Thereafter, she filed W.P.(C) No.6296 of 2006 in this Court. Taking note of the fact that the petitioner has moved the Central Government seeking a review of its decision, this Court disposed of W.P.(C) No. 6296 of 2006 with a direction to the Central Government to consider the review petition and pass orders thereon. As directed by this Court in W.P.(C) No. 6296 of 2006, the Central Government considered the review petition submitted by the petitioner seeking review of Ext.P6 and passed Ext.P7 order dated 31-10-2007 rejecting the same. The petitioner thereupon filed W.P.(C) No. 36681 of 2007 in this Court challenging Ext.P7. In that writ petition, she had produced the report submitted by the Tahsildar, Cherthala on her application for State Freedom Fighters' Pension. A copy thereof is produced as Ext.P8 in this writ petition. In view of the said report, this Court, by Ext.P9 judgment rendered on 28-07-2008, directed the State Government to reconsider the matter and forward a Verification-cum-Entitlement Report after considering Ext.P8. The Central Government was directed to pass revised orders in the WPC.26211/2009 : 4 : matter upon receipt of such a report from the State Government. Pursuant to Ext.P9 judgment, the State Government sent a letter dated 04-04-2009 to the Central Government, wherein the State Government took the stand that the petitioner is not eligible for central freedom fighters' pension. In view of the report submitted by the State Government, the Central Government again rejected the petitioner's application for central freedom fighters' pension and communicated the decision to the petitioner by Ext.P10 letter dated 10-06-2009. Ext.P10 is under challenge in this writ petition. 4. The petitioner contends that in view of Ext.P8 report submitted by the Tahsildar and Ext.P2 order dated 18-07-1974 issued by the District Collector, Alappuzha, sanctioning payment of State Freedom Fighters' Pension to her, the State Government erred in not recommending her case for grant of central freedom fighters' pension. The petitioner also contends that though another woman had also claimed payment of State Freedom Fighters' Pension alleging that she is the legally wedded wife of late K.Raghavan, that application was rejected and, therefore, the ground that another woman had applied for pension is not a valid WPC.26211/2009 : 5 : reason to deny her claim for the payment of central freedom fighters' pension. The first respondent has filed a counter affidavit resisting the writ petition and reiterating the stand taken by the Central Government in Ext.P6, Ext.P7 and Ext.P10. 5. I heard Sri.J.Omprakash, the learned counsel appearing for the petitioner, Sri.K.R.Sunil, the learned Additional Central Government Standing Counsel appearing for the first respondent and Smt.T.B.Remani, the learned Government Pleader appearing for the State of Kerala. The petitioner had in Ext.P1 application claimed that her husband had undergone imprisonment for a period of seven months and twenty days from 10-11-1946 to 30-06-1947. She had not, however, produced a certificate issued by the Jailor in support of the said claim. As a matter of fact, the Superintendent, Sub Jail, Alappuzha has, in Ext.P5 certificate dated 11-08-1998, certified that no records are available in the Sub Jail and, therefore, he is not in a position to certify whether the petitioner's husband late K.Raghavan had undergone imprisonment as claimed by her. The petitioner had besides producing Ext.P5 also furnished Ext.P3 certificate dated WPC.26211/2009 : 6 : 21-12-2004 issued by Sri.P.A.Solomon, Ex.M.P., who had certified that the petitioner's husband was an inmate in the Sub Jail, Alappuzha along with him during the period from 10-11-1946 to 30-06-1947. The State Government did not, however, recommend the grant of central freedom fighters' pension to the petitioner for the reason that the Tahsildar, Cherthala, who had issued Ext.P8 report, had given a favourable report in respect of both wives of late K.Raghavan. The Government of Kerala had after a thorough enquiry informed the Central Government as follows by letter dated 04-04-2009:- “ On verification of the disposal, it is seen that late Shri.K.Raghavan was a bigamist. The two widows Smt.Kochuparu and Smt.Kunju Pennu Narayani had applied for Kerala Freedom Fighters' Pension. In the application made by Smt.Kochuparu, the applicant had claimed that her husband participated in the Punnapra Vayalar Struggle which took place in October 1946, was arrested and imprisoned for 7 months. The Tahsildar, Sherthalai recommended the same subject to eligibility and proof of WPC.26211/2009 : 7 : imprisonment. Smt.Kunjupennu Narayani the petitioner in the W.P. In her application for Kerala Freedom Fighters' Pension claimed that her husband participated in the Punnapra Vayalar Struggle and had undergone imprisonment for one year. In the Co- prisoner Certificate issued by Sri.P.A.Solomon, Ex.M.P., it is stated that Sri.Raghavan was tried by the Special Magistrate at Alleppey in case No.PE 7/1946 and was locked up in sub jail, Alleppey for the period from 10.11.1946 to 30.6.1947. The period of imprisonment underwent by the freedom fighter as noted by the Tahsildar, Cherthala in the enquiry reports issued by him to the two widows are different. He had recommended the applications of both the widows subject to eligibility. But as per the marriage certificate issued by the S.N.D.P. Union, Sherthalai Shri.Raghavan had married Smt.Kochuparu (his first wife) on 06.06.1122, i.e., 19.01.1947 which contradicts the claim made by the petitioner Smt.Kunjupennu Narayani regarding the imprisonment period of her WPC.26211/2009 : 8 : late husband. In the above circumstances, the sufferings underwent by late K.Raghavan as claimed by the petitioner seems to be not true and as such the petitioner's claim is not found recommendable for Swatantrata Sainik Samman Pension.” 6. It is evident from the report submitted by the State Government that the Tahsildar, Cherthala had submitted two enquiry reports giving different versions regarding the imprisonment undergone by late K.Raghavan in Sub Jail, Alappuzha. The enquiry conducted by the State Government reveals that late K.Raghavan had married Smt.Kochupennu, his first wife, on 06-06-1122 M.E. corresponding to 19-01-1947. In such circumstances, the claim of the petitioner that her husband had undergone imprisonment after her marriage, during the period from 10-11-1946 to 30-06-1947 cannot be believed. In the light of the report submitted by the State Government after due enquiry, it will not be safe to rely on Ext.P3 certificate to hold that the petitioner's husband had undergone imprisonment as claimed by her. Further, the petitioner has not produced any evidence to WPC.26211/2009 : 9 : show that her husband late K.Raghavan was an accused in P.E.No.7/1946 of the Special First Class Magistrate Court, Alappuzha. In such circumstances, I am constrained to hold that the stand taken by the Central Government in Ext.P10 does not merit interference. I accordingly hold that there is no merit in the writ petition. The writ petition fails and is dismissed. No costs. Sd/- (P.N. RAVINDRAN, JUDGE) aks // True Copy // P.A. To Judge