IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WP(C).No. 1467 of 2010(G) ------------------------- PETITIONER(S): --------------- SMT. THALIYIL SREEDEVI AMMA, W/O. LAYE PULUKKOOL KANNAN NAIR, THALIYIL HOUSE, PAYYAVOOR.P.O., KANNURDISTRICT KERALA STATE. BY ADV. SRI.V.C.JAMES SRI.JOBY JOSEPH RESPONDENT(S): --------------- 1. THE UNION OF INDIA REP. BY ITS UNDER SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, (FFP DIVISION) LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI. 2. THE STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, KANNUR. BY G.P. SHRI M.A. ASIF GOVERNMENT PLEADER FOR R2 & 3 SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF THE EXTRACT OF UNDERTRIAL PRISONERS REGISTER ISSUED BY THE SUPERINTENDENT, CENTRAL PRISON, CANNANORE. EXT.P2-TRUE COPY OF COMMUNICATION DATED 10.5.1999 OF THE DISTRICT COLLECTOR ADDRESSED TO THE COMMISSIONER AND SECRETARY, GENERAL ADMINISTRATION DEPARTMENT. EXT.P3-TRUE COPY OF ORDER OF THE GOVT. OF INIDIA EXT.P4-TRUE COPY OF ORDER DATED 25.11.1982 EXT.P5-TRUE COPY OF PROCEEDINGS OF THE DISTRICT COLLECTOR, KANNUR DT.8.1.1981 // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 1467 of 2010 -G - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of April, 2010. JUDGMENT The petitioner is aggrieved by the rejection of the application for grant of SSS pension as per Ext.P3, on the ground that the undertrial period will not be counted for imprisonment suffered. 2. The petitioner is the widow of late Pulukkool Kannan Nair who suffered imprisonment for the period from 16.1.1947 to 29.10.1947 at Central Jail, Kannur in connection with his participation in Kavumbai struggle. Ext.P1 is the true copy of the extract of under trial prisoner’s register issued by the Superintendent of Central Prison, Kannur. The application was recommended by the District Collector, going by Ext.P2 communication and later the State Government forwarded the same to the Central Government along with their recommendation. 3. It is submitted that Ext.P3 order cannot be sustained in the light of the decision of a Division Bench of this Court in Union of India v. Lonan Benjamin (2002 (1) KLT 46). It is submitted that under trial imprisonment can also be counted for the purpose of grant of freedom fighters pension. In the above decision, the Division Bench analysed the same aspects and it wpc1467 /2010 2 was held that imprisonment in jail as an under trial prisoner will also be counted for granting pension. The dictum laid down by the Division Bench is extracted below: “The intention of the framers of the scheme can be gathered by reading the scheme as a whole. Those who suffered internment in their house, and those who evaded arrest and became proclaimed offenders or carried an award for arrest are made eligible for pension. It cannot be said that the framers of the scheme did not intend the benefit of the scheme being extended to those who suffered incarceration, owing to foisting of false cases, as under trial prisoners. An intention cannot be attributed to the framers of the scheme that the eligibility of the prisoners should depend on the success or otherwise of the prosecution in securing a conviction.” 4. In the light of the authoritative pronouncement by the Division Bench, Ext.P3 cannot be sustained and the same is quashed. Since Kavumbai Struggle has already been recognized by the Government of India as part of the freedom struggle as per letter No.6/1/97 FF (P) dated 20.1.1998 the matter will be reconsidered and appropriate orders will be passed within a period of four months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs (T.R. Ramachandran Nair, Judge.) wpc1467 /2010 3 kav/