IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 26483 of 2005(C) ------------------------------------- PETITIONER: ---------------------- M.D. VAKKAN, THAKIDIVELIYIL MARARIKULAM SOUTH, KALAVOOR P.O., ALAPPUZHA DIST. BY ADV. SRI.K.K.SATHEESH RESPONDENTS: ------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS' DIVISION, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI-110 003. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.V.VENUGOPALAN NAIR FOR R1 SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1-2 BY GOVERNMENT PLEADER SRI./MATHEW GEORGE VADAKKAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.26483/2005 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, ALAPPUZHA VIDE ORDER NO.R.DIS 7493/82/N4 DT. 30.11.1982. P2:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE RESPONDENTS DT. 22.4.98. P3:- COPY OF THE PKC ISSUED BY SRI. KUNJAN SUKUMARAN DT. 16.4.1998. P4:- COPY OF THE NARC ISSUED BY THE CJM COURT, ALLEPPEY IN CASE NO.P.E. 7/1122 ME. P5:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DT. 5.11.02. P6:- COPY OF THE PKC ISSUED BY SRI. NARAYANAN RAMANKUTTY DT. 10.8.02. P7:- COPY OF THE JUDGMENT DT. 6.12.04 PASSED BY THIS HONOURABLE COURT IN OP. NO.8416/03. P8:- COPY OF THE LETTER NO.106610/FFP A2/2004/GAD DT. 7.3.05 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P9:- COPY OF THE COMMUNICATION NO.52/CC/K/41/2003-FF(SZ) DT. 30.6.05 ISSUED BY THE IST RESPONDENT TO THE PETITIONER. P10:- COPY OF THE PKC ISSUED BY SRI.H.K.CHAKRAPANI DT. 5.2.05. P11:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DT. 21.7.2005. P12:- COPY OF THE NARC ISSUED BY THE NARC ISSUED BY THE DISTRICT SUPDT. OF POLICE, ALAPPUZHA DT. 15.7.05. /TRUE COPY/ P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.26483/2005-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of October, 2008. JUDGMENT The petitioner is the applicant for grant of Swatantrata Sainik Samman Pension. His claim is that he is a Freedom Fighter who had actively participated in the Punnapra-Vayalar Movement during the Freedom Struggle. On account of his active participation in the said struggle, an arrest warrant was issued against him by the Special Court, Alappuzha in Case No.PE 7/1122 ME and in order to evade his arrest, he had gone underground from October 1946 to October 1947. He was granted the benefit of Kerala Freedom Fighters' Pension. True copy of the said proceedings issued by the District Collector, Alappuzha is produced as Ext.P1. Ext.P2 is the application for grant of S.S.S Pension. The Personal Knowledge Certificate, Ext.P3, produced is that of Sri.Kunjan Sukumaran. Ext.P4 is the Non- availability of Records Certificate issued by the Chief Judicial Magistrate, Alappuzha. It was informed by the District Collector, Alappuzha, that the application of the petitioner for S.S.S Pension was not recommended since he had not produced any documentary evidence relating to his sufferings. In reply, the petitioner submitted W.P.(C).No.26483/2005 -:2:- Ext.P5 representation along with the Personal Knowledge Certificate issued by Sri.Narayanan Ramankutty, a prominent Freedom Fighter. The said Personal Knowledge Certificate is produced as Ext.P6. Since delay occurred in the matter, the petitioner approached this Court by filing O.P.No.8416/2003 and this Court by Ext.P7 judgment directed the authorities to take appropriate action expeditiously. Thereafter, he was issued Ext.P8 communication by the second respondent informing that the application has been forwarded after due enquiry to the Government of India. Ext.P9 is the reply given by the Government of India informing that the application stands rejected on the ground that the second respondent did not recommend the claim of the petitioner for S.S.S Pension. The reasons stated therein are that the Personal Knowledge Certificate issued by Sri.Narayanan Ramankutty bears only a thumb impression and as it is not signed by the Certifier, it cannot be considered as a valid Personal Knowledge Certificate and; that the Personal Knowledge Certificate issued by Sri.H.K.Chakrapani cannot be considered in the absence of valid Non- Availability of Records Certificate. Again the petitioner submitted Ext.P11 representation before the Government of Kerala wherein, Non-Availability of Records Certificate issued by the Superintendent of Police, Alappuzha (Ext.P12) has been produced. W.P.(C).No.26483/2005 -:3:- 2. On behalf of the second respondent, a detail counter affidavit has been filed. It is mainly contended that there is discrepancy with regard to the sufferings claimed in the application submitted for grant of S.S.S Pension and for the grant of Kerala Freedom Fighters Pension. In the former application, the period the petitioner remained underground is one year , i.e. From October, 1946 to October, 1947 whereas, the period claimed in the State Pension application is two years, that is from October 1946 to October 1948. It is therefore, pointed out that the claim is doubtful. It is also suggested that the Non-availability of Records Certificate from the Chief Judicial Magistrate Court, Alappuzha is not sufficient as per the Swatantrata Sainik Samman Pension Scheme. It is therefore, contended that in the absence of official records the claim cannot be recommended. 3. It may be that the petitioner has shown a lessor period of suffering than what was shown in the application for State Pension. What is required under the Scheme is the Personal Knowledge Certificate and valid Non-Availability of Records Certificate. Herein, from the Non-Availability of Records Certificate issued by the Chief Judicial Magistrate Court, viz. Ext.P4, it is found that the case relates to the year 1122 ME and the court certified that “the records of the year 1122 ME have been destroyed. Hence, the petition may be W.P.(C).No.26483/2005 -:4:- rejected”. Now the only aspect to be looked into is whether the petitioner could have produced copies of original certificate from the court or a certificate regarding its non-availability. Ext.P4 is the non- availability of records certificate to the effect that the records of the year 1122 ME have been destroyed. The same has been issued by a competent court. Therefore, Ext.P4 has to be treated as a valid Non- availability of Records Certificate and the finding that this certificate is not applicable is not correct. Apart from that the petitioner has also now produced a non-availability of records certificate (Ext.P12) from Superintendent of Police, Alappuzha. There is no other system prevalent to issue such certificate from the State Government itself. Hence, the State cannot refuse to act upon Exts.P4 and P12. 4. In the view of the fact that the petitioner has sought for re- consideration of the matter by the State Government. There will be a direction to the second respondent to consider Ext.P11 representation along with Ext.P12 and other documents namely Ext.P4 and the Personal Knowledge Certificate issued by Sri.H.K.Chakrapani. To enable the State Government to reconsider the matter Ext.P9 is quashed. On verification of the same, the second respondent shall forward a fresh verification-cum-entitlement report showing appropriate recommendation to the first respondent within a period of two months from the date of receipt of a copy of the judgment. On W.P.(C).No.26483/2005 -:5:- receipt of the said report, the first respondent will consider the same and pass appropriate orders within a further period of two months thereafter. In the event of sanction of pension, the entitlement for arrears from the date of the application (Ext.P2) 22/04/1998 will also be considered. The writ petition is allowed as above. No costs. (T.R. RAMACHANDRAN NAIR, JUDGE) ms