IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 28483 of 2007(N) -------------------------- PETITIONER: ------------ VASU NARAYANAN, AGED 80, BLOCK NO.552, CHAKKAMALA, VATTAKKARIKKAM P.O., PACHA, PALODE, KOLLAM DISTRICT. BY ADV. SRI.J.OM PRAKASH RESPONDENTS: ------------- 1. THE UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. R1 BY ADV. SRI.THOMASMATHEW NELLIMOOTTIL, ACGSC R2 BY SMT. N. SUDHA DEVI, G.P. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/04/2008, THE COURT ON 11/04/2008 DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DATED 25.3.1998 EXT.P2-TRUE COPY OF THE ORDER OF THE DISTRICT COLLECTOR, KOLLAM GRANTING FREEDOM FIGHTERS PENSION TO THE PETITIONER DATED 2.1.1990 EXT.P3-TRUE COPY OF THE ORDER OF THE FIRST CLASS MAGISTRATE CHERTHALA DATED 8.5.1981 EXT.P4-TRUE COPY OF THE CERTIFICATE DATED 23.7.81 ISSUED BY V.K. KARUNAKARAN EXT.P5-TRUE COPY OF THE CALENDER STATEMENT RELATING TO SC NO.17/1116 ISSUED BY THE SHERISTADAR, CHIEF JUDL. MAGISTRATE COURT, ALAPPUZHA. EXT.P6-TRUE COPY OF THE EXTRACT OF THE CENTRAL PRISON, TVM. EXT.P7-TRUE COPY OF CERTIFICATE OF SHRI H.K. CHAKRAPANI DT.22.3.2004 EXT.P8-TRUE COPY OF THE CONVICT REGISTER RELATING TO H.K. CHAKRAPANI ISSUED BY THE SUPERINTENDENT, CENTRAL JAIL, TVM. EXT.P9-TRUE COPY OF THE PENSION ORDER OF H.K. CHAKRAPANI EXT.P10-TRUE COPY OF ORDER DATED 1.7.2004 ISSUED BY THE UNDER SECRETARY TO GOVT. OF INDIA EXT.P11-TRUE COPY OF THE JUDGMENT OF THIS COURT IN WPC NO.24021/2004 DT.30.5.2005 EXT.P12-TRUE COPY OF ORDER OF THE UNDER SECRETARY TO GOVT. OF INDIA DATED 14.11.2006 EXT.P13-TRUE COPY OF THE JUDGMENT IN WA NO.2645/2005 DATED 29.9.2006 RESPONDENTS' EXTS: EXT.R1(A)-TRUE COPY OF THE LETTER DATED 14.11.2006 IDDURF GTOM MINISTRY OF HOME AFFAIRS. // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) NO.28483 of 2007-N - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of April, 2008. JUDGMENT The challenge herein is against Ext.P12 whereby the application for grant of SSS pension have been rejected. The petitioner was a participant in the Punnapra – Vayalar struggle. Ext.P1 is the application dated 25.3.1998. For participation in the said movement, the police registered a case against the petitioner as CC No.10/1122 ME before the Magistrate Court, Cherthala and a warrant of arrest was issued. He went underground for the period from 24.10.1946 to 16.8.1948. Ext.P2 is the order passed by the District Collector sanctioning Freedom Fighters Pension under the State Scheme. The petitioner produced personal knowledge certificates from prominent freedom fighters like Shri O. Raghavan, Shri N. Madhavakurup, Shri V.K. Karunakaran and Shri H.K. Chakrapani. Exts.P4, P5 and P6 respectively are the certificate issued by Shri V.K. Karunakaran, details of calender statement relating to SC NO.17/1116 of the Court of Sessions, Alappuzha and the copy of the extract of the Convict Register of Central Prison, Trivandrum relating to Shri V.K. Karunakaran. Ext.P7 is the certificate from Shri H.K. Chakrapani and Ext.P8 is the true copy of the WPC 28483/2007 -2- Convict Register relating to the said certifier. Ext.P9 is the true copy of the order sanctioning pension by the Central Government to Shri H.K. Chakrapani. Even though as per the judgment in O.P.No.38223/2001 this court directed the respondents to consider the application, it was rejected by Ext.P10 which was challenged in Writ Petition No.24021/2004. Ext.P10 was quashed and after rendering findings on merits, the respondents were directed to pass fresh orders by Ext.P11 judgment. Again, purely for the same reasons, the application has been rejected. 2. A reading of Ext.P12 shows that it was rejected on the ground that there are no acceptable records by way of primary evidence, absence of a valid NARC and that the personal knowledge certificates from various certifiers are not acceptable. It is also stated in Ext.P12 that the State Government has not recommended his application. 3. Inviting my attention to the findings rendered by this court in Ext.P11 judgment, learned counsel for the petitioner submitted that the view taken in Ext.P12 is totally in variance with the findings rendered in the judgment. After considering the NARC produced, it was held therein that an objection like the one cannot be taken by the respondents. The State Government was directed by this court to forward the recommendation. 4. The question is whether the reasons stated for not recommending WPC 28483/2007 -3- the application are valid or not. The reasons stated for not accepting the certificate issued by Shri V.K. Karunarakan, cannot be accepted. His certificate ought to have been considered on merits based on the documents produced by the petitioner in respect of the said certifier. Apart from that, there are certificates issued by Shri H.K. Chakrapani also which is evidenced by Exts.P7 to P9. 5. Therefore, Ext.P10 is quashed. The second respondent is directed to forward a fresh verification-cum-entitlement report showing the recommendation to the first respondent, within a period of two months from the date of receipt of a copy of this judgment. On receipt of the same by the Central Government, fresh orders shall be passed and if pension is sanctioned, the claim for arrears of pension from the date of receipt of the application shall also be considered. While considering the application, the respondents shall bear in mind the findings rendered by this ocurt in Ext.P11 judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) WPC 28483/2007 -4- kav/ WPC 28483/2007 -5- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No. - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 6th March, 2008.