IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 14TH AUGUST 2007 / 23RD SRAVANA 1929 WP(C).No. 32074 of 2006(R) --------------------------------------- PETITIONER: ------------------- K.K.BAHULEYAN, AGED 77 YEARS, S/O.KRISHNAN, RESIDING AT `GOWRI BHAVAN', VARANAM P.O. CHERTHALA, ALAPPUZHA. BY ADV. SRI.C.V.MANUVILSAN, SRI.G.SUDHEER, SRI.P.C.ANIL KUMAR. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, FREEDOM FIGHTERS PENSION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ALAPPUZHA. BY GOVT. PLEADER SMT. N. SUDHA DEVI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/08/2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.32074/2006: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE APPLICATION FILED FOR THE GRANT OF FREEDOM FIGHTERS PENSION BY THE PETITIONER. EXT.P.2: COPY OF THE JUDGMENT IN O.P. NO. 8073/2000. EXT.P.3: COPY OF THE ORDER VIDE NO. 63298/FFP.B3/2000/GAD DTD. 05/08/2002. EXT.P.4: COPY OF THE NON AVAILABILITY OF RECORDS CERTIFICATE ISSUED BY THE HON'BLE CJM COURT, ALAPPUZHA REGARDING CASE NO. PE 8/1122-90. EXT.P.5: COPY OF THE PKC, ISSUED BY MR. H.K. CHAKRAPANI. EXT.P.6: COPY OF THE PKC, ISSUED BY MR. NARAYANAN RAMANKUTTY. EXT.P.7: COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.P.(C). NO. 1296/2004. EXT.P.8: COPY OF THE CERTIFICATE ISSUED BY SHRI.S. DAMODARAN. EXT.P.9: COPY OF THE FACILITATION AWARDED AND ISSUED BY THE KPCC PRESIDENT. EXT.P.10: COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER ON THE DAY OF HEARING. EXT.P.11: COPY OF THE ORDER VIDE NO. 61351/FFP.B3/2006/GAD DTD. 30/10/2006. EXT.P.12: COPY OF THE COMMUNICATION NO. H4-50430/98 DTD. 20/01/2001 ISSUED BY THE R.2. EXT.P.13: COPY OF THE EXTRACT OF CONVICT REGISTERS OF CENTRAL PRISON, THIRUVANANTHAPURAM BELONGING TO MR. H.K. CHAKRAPANI (CONVICT NO. 3788). EXT.P.14: COPY OF THE EXTRACT OF CONVICT REGISTER OF CENTRAL PRISON, THIRUVANANTHAPUAM BELONGING TO MR. NARAYANAN RAMAN KUTTY (CONVICT NO. 777). RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. T.R.RAMACHANDRAN NAIR, J. = = = = = = = = = = = = = = = = WP(C).No. 32074 of 2006-R. = = = = = = = = = = = = = = = = Dated this the 14th day of August, 2007. J U D G M E N T The petitioner is a freedom fighter who is claiming pension under the Kerala Freedom Fighters Pension Rules for his active participation in the Punnapra-Vayalar struggle during 1946. The challenge is against Ext.P11 order by which his claim was rejected. 2. The petitioner's claim is in relation to the criminal case registered against him as P.E.No.8/1122 and the arrest warrant issued against him in that case. In order to evade the arrest he had absconded and went underground for a period from 28.10.1946 to 9.12.1947. The first application for pension was filed on 29.6.1998 and since there was undue delay in the disposal of the matter he filed OP.No.8073/2000 before this Court. By judgment dated 22.2.2002 (Ext.P2) this Court directed the respondent to consider the petitioner's application on the basis of the documents produced by him. Order was directed to be passed within four months from the date of receipt of a copy of the judgment. The same was rejected by Ext.P3 stating that he has not produced the official records and that there is no sufficient evidence to prove the suffering during the freedom struggle. He challenged the same in WP(C)No.1296/2004. The petitioner thereafter had approached WP(C).No. 32074 of 2006-R. 2 the Chief Judicial Magistrate Court, Alappuzha as per Ext.P4 for copies of the official records and it was rejected with the endorsement that the records are not available in that Court. Ext.P5 is the personal knowledge certificate issued by Sri.H.K.Chakrapani and Ext.P6 is the one issued by Sri.Narayanan Ramankutty who were prominent freedom fighters and were receiving Central pension. These documents were produced in WP(C).No.1296/2004. In the said writ petition Ext.P3 was quashed, and the matter was remitted to the Government to take a fresh decision, after affording him an opportunity for hearing. Ext.P7 is the judgment therein. Exts.P8 to P10 are other documents relied on by the petitioner. But by Ext.P11 again the claim was rejected. 3. In Ext.P11 the main ground for rejecting the application is the delay in submitting the application. It is also stated that he has not proved the claimed underground suffering and no acceptable evidence are produced in support of his claim. 4. The respondents have filed a counter-affidavit supporting Ext.P11 order and reiterating the stand that the reasons stated for the delay in applying the pension are not acceptable. It is also stated that the certificates issued by Sri.H.K.Chakrapani and Sri.Narayanan Ramankutty are not acceptable, as they are not sufficient to grant pension in view of Circular dated 31.12.1993. The petitioner has filed a reply-affidavit WP(C).No. 32074 of 2006-R. 3 producing Exts.P12 to P14 which include extracts of convict register in respect of Sri.H.K.Chakrapani and Sri.Narayanan Ramankutty. 5. The learned counsel for the petitioner submits that the Government was not correct in rejecting the application on the ground of delay as this Court by two judgments earlier had directed the authorities to consider the matter on its merit and on the basis of the documents produced by him. If as a matter of fact, the petitioner is a genuine freedom fighter his claim cannot be thrown away on the ground of alleged delay. I see much force in this submission in the light of Exts.P2 and P7 judgments. 6. The material documents produced by the petitioner herein as Exts.P13 and P14 will prove the eligibility of the certifiers. In a similar case in OP.No.26694/2003 in relation to one Sri.P.K.Chellappan, another freedom fighter this Court directed the Government to verify the claim after considering certificate issued by Sri.Chakrapani. It is submitted that the petitioner therein was granted pension thereafter by relying upon those documents. Therefore the petitioner herein will also be entitled for a similar treatment for consideration of his application based on the materials made available by him. Merely because the application was filed after the circular dated 31.12.1993 it cannot be rejected for want of original records like warrant of arrest. The personal knowledge certificates produced by the petitioner along with documents relating to the certifiers and the NARC WP(C).No. 32074 of 2006-R. 4 should be considered by the authorities for assessing the claim of the petitioner. The direction in the earlier judgments obliges the respondents to consider the matter on merits and the claim cannot be thrown out on the ground of delay. Therefore, Ext.P11 is quashed. The petitioner is given a further opportunity to produce the materials now produced before this Court along with a detailed representation before the Government within six weeks from today. On receipt of the same the respondents shall consider the claim for pension on its merits and not any technicalities, within a further period of two months from the date of receipt of the representation and documents. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. Kvs/-