IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 WP(C).No. 37460 of 2007(H) ---------------------------------- PETITIONER(S): ------------------- 1. GOA FREEDOM FIGHTERS ASSOCIATION, KERALA STATE COMMITTEE, RAJAJI ROAD, PANTHALAYANI P.O., QUILANDY, KOZHIKODE, REPRESENTED BY ITS SECRETARY K.M.KUTTIKRISHNAN. 2. ALL INDIA FREEDOM FIGHTERS ORGANISATION, WAYANAD DISTRICT COMMITTEE, THRISSILERY P.O., KARTIKULAM, WAYANAD, REPRESENTED BY ITS SECRETARY K.KRISHNANKUTTY. 3. THYKOL KUNHIRAMAN, THYKOL HOUSE, MORAZHA P.O., KANON, KANNUR. BY ADVS. SRI.P.C.SASIDHARAN SRI.ALPHONS D XAVIER RESPONDENT(S): -------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE UNDER SECRETARY TO GOVERNMENT, UNION OF INDIA, FREEDOM FIGHTERS DIVISION, MINISTRY OF HOME AFFAIRS, NEW DELHI. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL ADMINISTRATION DEPARTMENT (F.F.P-B), SECRETARIAT, TRIVANDRUM. R1 BY SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI R3 BY GOVT. PLEADER SRI.DILEEP MOHAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2010, ALONG WITH WPC NO. 17194 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs/ WP(C).No. 37460 of 2007 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PENSION PAYMENT ORDER ISSUED BY THE 1ST PETITIONER BY THE GOVERNMENT OF KERALA. P1(a):COPY OF THE PENSION PAYMENT ORDER ISSUED BY THE 2ND PETITIONER BY THE GOVERNMENT OF KERALA. P1(b):COPY OF THE PENSION PAYMENT ORDER ISSUED BY THE 3RD PETITIONER BY THE GOVERNMENT OF KERALA. P2: COPY OF THE REPLY RECEIVED BY SRI.VAYALAR RAVI (M.P.) DECEMBER 2004. P3: COPY OF THE COMMUNICATION RECEIVED BY SRI.P.KARUNAKARAN(M.P.) DATED 12/06/2005. P4: COPY OF THE NEWS ITEM OF THE DISCUSSIONS/ RECOMMENDATIONS HELD ON 16/01/2006 AND APPEARED IN MALAYALA MANORAMA DAILY DATED 18/01/2006. P5: COPY OF THE NEWS ITEM PUBLISH IN VARIOUS DAILIES HIGHLIGHTING THE CAUSE OF GOA FREEDOM FIGHTERS. P6: COPY OF THE COUNTER AFFIDAVIT FILED OJN BEHALF OF THE CENTRAL GOVERNEMENT IN WPC.NO.3506/2006. P7: COPY OF THE JUDGMENT IN WPC.NO.3506/2006. P8: COPY OF THE JUDGMENT IN WPC.NO.20412/2005. P9: COPY OF THE LIST OF PETITONERS IN WPC.NO.23537/2005, 25368/2005. P10: COPY OF THE RECOMMENDATION OF THE GOVERNMENT OF KERALA TO THE CENTRAL GOVERNMENT DATED 12/05/2006. P11: COPY OF THE ORDERS OF THE REJECTION OF THE RECOMMENDATION DATED 06/07/2006. P12: COPY OF THE RECOMMENDATION MADE BY THE GOVERNMENT OF KERALA DATED 01/11/2006. P13: COPY OF THE REPRESENTATION SUBMITTED ON BEHALF OF GOA FREEDOM FIGHTERS ORGANISATION DATED 05/06/2006. /TRUE COPY/ P.A. TO JUDGE svs/ ANTONY DOMINIC, J. ================ W.P.(C) Nos. 37460/2007 & 17194 OF 2008 ============================ Dated this the 24th day of November, 2010 J U D G M E N T Issues raised in these writ petitions are common and therefore, this cases were heard together and are disposed of by this common judgment. 2. The first petitioner in WP(C) No.37460/2007 is the Association of Goa Freedom Fighters and the second petitioner is the All India Freedom Fighters Organisation. Third petitioner claims to be a Goa Freedom Fighter. Similarly, Writ Petition No.17194/2008 is filed by Goa Freedom Fighters. 3. In these Writ Petitions, the prayer sought by them is to quash the orders passed by Government of India rejecting the applications made by the petitioners for pension payable under the Swathantra Sainik Samman Pension Scheme(SSS Pension Scheme). They also seek a declaration that they are entitled to be paid pension under the scheme for their participation in the Goa Liberation Movement(Phase II). 4. Admittedly, Government of Kerala have recognised Goa Liberation Movement(Phase II) as a Freedom movement and on W.P.(C) Nos. 37460/2007 & 17194 OF 2008 2 that basis, the members of the first petitioner are granted pension under the scheme framed by the Government of Kerala. Subsequently, the Government of India, recognised Goa Liberation Movement as freedom struggle and ordered to grant pension to the participants from various states, which did not include those from Kerala. At that stage, applications made by members of the first petitioner, were rejected, and such orders of rejection, were challenged before this court in Writ Petition No.3506/2006 and various other Writ Petitions. By Ext.P7 judgment rendered by this court, WP(C)No.3506/2006 was disposed of holding that there is no reason to distinguish freedom fighters from one State to another, who have participated in the very same movement for Goa Liberation. On that basis, the State Government was directed to forward the applications made by the petitioners therein for grant of benefit of the Central Government Pension Scheme. 5. In pursuance to the above, State Government issued Ext.P10 communication to the Central Government, in which it is stated thus: W.P.(C) Nos. 37460/2007 & 17194 OF 2008 3 “Hence it is not possible to ascertain whether he was sanctioned Kerala Freedom Fighters' Pension for participation in Goa Liberation Movement Phase-II or not. In view of the administrative difficulty indicated above, it is suggested that the relevant details given in his application for Swatantrata Sainik Samman Pension presumably available with Government of India may be verified to ascertain, whether he had participated in Goa Liberation Movement Phase-II or not. It is suggested that in case he has claimed participation in Phase-II of Goa Liberation Movement in the relevant applications for, the decision on the grant of Swatantrata Sainik Samman Pension may be taken in his favour, relying on the affidavit sworn by him attached with his application for Swatantrata Sainik Saman Pension. The above details alongwith report of District Collector, Kannur alongwith enclosures are forwarded herewith for necessary action at your end. Copies of the letters from the lawyer of Shri T.V. Narayanan Nair, (Petitioner No.5) dated 4.2.2006 and 24.3.2006 and enclosures thereof and copy of the letter dated nil from the W.P.(C) Nos. 37460/2007 & 17194 OF 2008 4 petitioner T.V. Narayanan Nair(petitioner No.5) and enclosures thereof are also enclosed herewith, for information and necessary action. The directions of Hon'ble High Court are complied herewith within the time limit allowed by the Hon'ble High Court of Kerala.” 6. However, by Ext.P11 dated 6th July, 2006, the Central Government rejected the claim, mainly for two reasons. The first reason stated is that the State of Kerala is not included in the list of States for grant of pension to Freedom Fighters of Goa Liberation Movement(Phase II). The second reason stated is that there is no specific recommendation by the State Government and that the petitioners did not meet the eligibility criteria and the evidentiary requirements of the SSS pension scheme 1980. After the receipt of Ext.P11, the State Government issued Ext.P10 requesting the Central Government to grant pension. There was no progress in the matter and therefore, these Writ Petitions are filed. Similar are the contentions raised in Ext.P9 challenged in WP(C) No.17194/2008 where also the claim was rejected. W.P.(C) Nos. 37460/2007 & 17194 OF 2008 5 7. Therefore, the question raised is whether the claim made by the petitioners could have been rejected for the aforesaid reasons stated in the impugned orders. 8. As far as the non-inclusion of the Kerala State in the list of States for grant of pension is concerned, this court has already held the same to be arbitratory in Ext.P7 judgment in 3506/2006 to which the Government of India is a party. That judgment has become final and if that be so, the Government of India is bound by the principles laid down in the said judgment. Therefore, the non-inclusion of the State of Kerala in the list of States could not be a reason for denying the pension to the participants of Goa Liberation Movement (Phase II) from the Kerala State. 9. The other reason stated is that there is no specific recommendation by the State Government, and therefore, the claim is not liable to be sanctioned. Learned Government Pleader appearing for State of Kerala referred to Ext.P10 and also the averments in the counter affidavit filed before this court, wherein they have specifically stated of having recommended the case of the petitioners for grant of Central pension for their participation W.P.(C) Nos. 37460/2007 & 17194 OF 2008 6 in the Goa Liberation Movement. Therefore, since Government of Kerala has catagorically asserted that specific recommendation was made and in the absence any contrary materials, I am not in a position to uphold the aforesaid contentions raised in the impugned orders. 10. The other issue is whether the petitioners are required to satisfy with the eligibility criteria and evidentiary requirements of the Central Government scheme. As far as this objection taken is concerned, the learned counsel for the petitioners has referred to Ext.P2 in WP(C) No.17194/2008, which is a letter issued by the then Minister for Home affairs, Government of India dated 21.12.2004, second paragraph of which reads as under: “I have had the matter examined. Goa Liberation Movement was recognised for the purpose of grant of Swatantrata Sainik Samman Pension. Pension has been granted to the freedom fighters of the Goa Liberation Movement who fulfilled the conditions of the SSSP Scheme, 1980. However, there were demands to grant pension to the participants of the II Phase of the Goa Liberation Movement(1954-55) by relaxing the eligibility criteria as its participants were never arrested, tried and punished by the Portuguese Government and or by W.P.(C) Nos. 37460/2007 & 17194 OF 2008 7 the Martial Law Court, but were physically pushed back from Goa into the adjoining Indian Territories. No authentic record in respect of such participants is available. A decision, with the approval of the Cabinet, was taken on 04.02.2003 for grant of pension to those freedom fighters who took part in Phase-II of Goa Liberation Movement and are already drawing the State Pension from the Government of Maharashtra, Madhya Pradesh, Goa, Haryana, Rajashthan and Uttar Pradesh as on 1.08.2002. Since, the freedom fighters from Kerala are not receiving pension from the State Government. I regret that it is not possible to consider them eligible for grant of central pension in terms of the Scheme approved by the Government of India for the Goa Liberation Movement Phase II.” 11. Therefore, in view of the contents of this letter if a person is a participant in the Goa Liberation Movement, that alone will suffice for him to be paid the pension even if he has not produced the other documents, which are specified in the SSS Pension Scheme 1980 for grant of Pension. Further in the counter affidavit filed in WP(C) No.3506/2006, a copy which is Ext.P6 in WPC No.37460/2007, the only reason stated to render the petitioners in eligible for pension is that State of Kerala is not included in the list of States. W.P.(C) Nos. 37460/2007 & 17194 OF 2008 8 12. For these reasons, I am satisfied that it was not necessary for the participants of Goa Freedom Movement(Phase- II) to meet all the requirements of SSS Pension Scheme. So long as they are recipients for State Pension for their participation in the Goa Freedom Movement and they are entitled to be paid pension under the SSS Pension Scheme 1980. In that view of the matter, Ext.P11 in WP(C) No. 37460/2007 and Ext.P9 in WP(C) No.17194/2008 cannot be sustained. These orders will stand quashed. It is declared that the individual petitioners in the Writ Petitions and the others whose claims were rejected by impugned orders, are eligible for the benefit of the SSS Pension Scheme, 1980 for their participation in the Goa Liberation Movement(Phase II). First respondent is directed to disburse pension to the aforesaid persons and orders shall be passed within three months from the date of receipt of a copy of this judgment. ANTONY DOMINIC, JUDGE. ln