IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 23RD MARCH 2009 / 2ND CHAITHRA 1931 WP(C).No. 30725 of 2005(G) ---------------------------------------- PETITIONER(S): ------------------------ KRISHNAN RAGHAVAN, PADINJARE KATTUNGAL, THAIKAL P.O., CHERTHALA, ALAPPUZHA DISTRICT. BY ADVS. MR.B.KRISHNA MANI SRI.RAHUL VENUGOPAL RESPONDENT(S): ------------------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, LOK NAIK BHAVAN, KHAN MARKET, NEW DELHI. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR, ALAPPUZHA DISTRICT. BY ADV. MR. AJITH KRISHNAN, ADDL.CGSC GOVERNMENT PLEADER MR.T.K.VIPINDAS FOR R3,R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C0 NO.30725/2005 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER DT. 15.6.72 PASSED BY THE 4TH RESPONDENT. P2:- COPY OF THE APPLICATION DT. 15.5.98 UNDER SWATANTRATA SAINIK SAMMAN PENSION SCHEME. P3:- COPY OF THE COMMUNICATION DT. 24.4.00 SENT TO THE IST RESPONDENT. P4:- COPY OF THE COMMUNICATION DT. 25.5.00 FROM THE 2ND RESPONDENT. P5:- COPY OF THE COMMUNICATION DT. 12.2.02 FROM THE 2ND RESPONDENT. P6:- COPY OF THE COMMUNICATION DT. 13.6.02 FROM THE 2ND RESPONDENT. P7:- COPY OF THE CERTIFICATE DT. 4.7.00 ISSUED BY THE SUPERINTENDENT, SUB JAIL, ALAPPUZHA. P8:- COPY OF THE CO- PRISONER CERTIFICATE DT. NIL ISSUED BY E.EALANANDAN. P9:- COPY OF THE CO-PRISONER CERTIFICATE DT. 13/7/73 ISSUED BY N.P. THANDER. P10:- COPY OF THE CO- PRISONER CERTIFICATE DT. 27.8.02 ISSUED BY P.K.SURENDRAN. P11:- COPY OF THE CO- PRISONER CERTIFICATE DT. 7.4.98 ISSUED BY K.K.KAKKI MATHAI. P12:- COPY OF THE CO- PRISONER CERTIFICATE DT. 7.4.98 ISSUED BY CHENNAI RAMAKRISHNAN. P13:- COPY OF THE FREE PASS FOR KERALA STATE TRANSPORT CORPORATION. P14:- COPY OF THE REPORT OF THE TAHSILDAR DT. 19.8.06. P15:- COPY OF THE APPLICATION FOR STATE PENSION SUBMITTED TO THE DISTRICT COLLECTOR, ALLEPPEY DT. 29.6.71. P16:- COPY OF THE COMMUNICATION DT. 28.10.06. P17:- COPY OF THE MANGALAPATRAM DT. 23.12.06. P18:- COPY OF THE DISCHARGE CARD ISSUED BY THE MEDICAL COLLEGE HOSPITAL ALAPPUZHA. W.P.(C) NO.30725/2005 P19:- COPY OF THE CARD DT. 20.11.07 ISSUED BY THE STATE GOVERNMENT FOR FREEDOM FIGHTERS. P20:- COPY OF THE NEWSPAPER REPORT THAT APPEARED IN THE NEWSPAPER KERALA KOUMUDI IN ITS EDITION DT. 26.10.07. P21:- COPY OF THE F.I.R. IN CRIME NO/24/122 DT. 28.2.08 P22:- COPY OF THE CERTIFICATE ISSUED BY THE OFFICE OF THE SUPERINTENDENT CENTRAL PRISON, THIRUVANANTHAPURAM DT. 2.2.07. TRUE COPY P.S. TO JUDGE TSS HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.30725 OF 2005 ---------------------------- DATED THIS THE 23RD DAY OF MARCH, 2009 JUDGMENT Petitioner is a freedom fighter and recipient of freedom fighter's pension from the Government of Kerala. Ext.P1 is the order granting State pension to the petitioner. Ext.P2 is the application dated 15/5/1998 for Swatantrata Sainik Samman Pension (hereinafter referred to as (“SSS Pension”). 2. Ext.P7 is the certificate issued by the Superintendent of Sub Jail, Alappuzha certifying that the detention particulars in respect of the petitioner cannot be furnished in the absence of old records. Ext.P8 is a co-prisoner certificate issued by Ex. M.P. Sri E. Balanandan. Ext.P9 is another certificate issued by M.P. Thandar, Ex. M.L.A. Exts.P10, P11 and P12 are the co-prisoner certificates. 3. Ext.P14 is a report of the Tahsildar on the application submitted by the petitioner for State pension. In -2- W.P.(C).No.30725/2005 Ext.P14 it is reported that the petitioner is a participant in Punnapra Vayalar struggle, that he was arrested in PE case No.6/46 and that he has undergone imprisonment for 5 years and 6 months including deduction as a trial prisoner. Exts.P16 and P17 are documents which show that the local authority honoured the petitioner, he being a prominent freedom fighter. Ext.P21 is the F.I.R. in Crime No.24/122 and Ext.P22 is a certificate issued by the Superintendent of Central Prison, Thiruvananthapuram which shows that the petitioner was convicted and sentenced to one year and 6 months rigorous imprisonment and a fine of Rs.50/- under Section 454 and 448 I.P.C. in S.C.No.8/123/Wt. No.65/18-06-1124 of the Addl: Sessions Court, Tvpm. on 19th Makaram 1124 (ME) as C.No.23. Exts.P4 to P6 are communications issued by the Central Government addressed to the petitioner. By Ext.P4 and P5 the petitioner was informed that the State Government's report is being awaited and that only after receiving the same, further action would be taken. In Ext.P6 -3- W.P.(C).No.30725/2005 dated 13/6/2002 petitioner was informed that the Government of Kerala vide letter No.48569/FFP.A2/2001/GAD dated 24/4/2002 has not recommended the case of the petitioner and hence his application for pension (Ext.P2) has been rejected. 4. In the counter affidavit filed by the State Government it is stated that the petitioner is a recipient of Kerala State Freedom Fighters' Pension and the same was sanctioned to him considering his participation in the Punnapra Vayalar Struggle. In the counter affidavit it is also stated that the certificates produced by the petitioner are not in proper form. The State Government also noted several other defects in the application. One of the defects noted is that in the State Pension application he claimed 5 years and 6 months of imprisonment; but in the SSS Pension application, he claimed only one year and one month imprisonment. The minimum requirement for grant of SSS Pension is satisfied in this case. It may not matter whether it is 5 years and 2 months or 1 year and 1 month, such -4- W.P.(C).No.30725/2005 technicalities may not be projected for declining the relief claimed by the freedom fighters like the petitioner. In respect of the said fact the petitioner produced Exts.P14, P15, P21 and P22 certificates which evidently show that he had undergone imprisonment for longer periods. From the counter affidavit filed by the State Government it is clear that the Government has not examined the grievance of the petitioner in the right perspective instead the Government placed on several reasons for rejecting the application. Therefore, Ext.P6 is bad and it is quashed. The State Government shall consider the fact that the petitioner is a recipient of State pension and the above documents produced by him, and shall 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 reports, the Central Government shall pass appropriate orders within a period of three months thereafter. It is -5- W.P.(C).No.30725/2005 needless to say that the petitioner is entitled to arrears of pension from the date of receipt of the application, in case the petitioner is entitled to SSS Pension. Writ Petition is disposed of as above. Sd/- HARUN-UL-RASHID, Judge. kcv.