IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 28TH JULY 2008 / 6TH SRAVANA 1930 WP(C).No. 36681 of 2007(P) ------------------------------------------ PETITIONER: --------------------- KUNJU PENNU NARAYANI, W/O RAGHAVAN, AGED 69, MELACHUMVEEDU, S.L.PURAM P.O., ALAPPUZHA. 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. BY GOVERNMENT PLEADER SRI. P.A.SALIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.36681/2007 P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE APPLICATION OF THE PETITIONER DTD.30/4/98. EXT.P2: COPY OF THE ORDER OF THE DISTRICT COLLECTOR, ALAPPUZHA DTD. 18/07/74. EXT.P3: COPY OF THE CERTIFICATE ISSUED BY THE SUPERINTENDENT OF THE SUB JAIL, ALAPPUZHA DTD. 11/05/98. EXT.P4: COPY OF THE ORDER DTD.2/1/2004 OF THE 2ND RESPONDENT. EXT.P5: COPY OF THE CO-PRISONER'S CERTIFICATE ISSUED BY SRI.P.A.SOLOMON EX.M.P. IN THE PRESCRIBED FORM DTD. 21/12/2004. EXT.P6: COPY OF THE AFFIDAVIT DTD. 5/10/2000. EXT.P7: COPY OF THE ORDER OF THE UNDER SECRETARY TO GOVERNMENT OF INDIA DTD. 11/04/2005. EXT.P8: COPY OF THE REVIEW PETITION DTD. 2/08/2005. EXT.P9: COPY OF THE APPLICATION AND THE ORDER IN P.E.7/1122 OF THE C.J.M.COURT, ALAPPUZHA DTD. 13/06/2005. EXT.P10: COPY OF THE JUDGMENT IN WP(C) NO.6296/2006 DTD. 13/09/2006. EXT.P11: COPY OF THE ORDER OF THE UNDER SECRETARY TO GOVERNMENT OF INDIA DTD. 31/10/2007. EXT.P12: COPY OF THE LETTER OF THE UNDER SECRETARY TO GOVERNMENT OF INDIA DTD. 29/11/2004. EXT.P13: COPY OF THE LETTER OF THE UNDER SECRETARY TO GOVERNMENT OF INDIA DTD. 3/2/2005. EXT.P14: COPY OF THE REPORT OF THE TAHSILDAR, CHERTHALA DTD. NIL. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss T.R.RAMACHANDRAN NAIR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C). No.36681/2007-P ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 28th day of July, 2008 J U D G M E N T The petitioner is the widow of Sri.K.Raghavan who had actively participated in the Punnapra-Vayalar struggle. It is stated that he was arrested and kept in defunct Sub Jail, Alappuzha, in the lock-up for one year in connection with case No.P.E.7/1122. Ext.P1 is the application submitted by the petitioner for grant of pension under the Swatantrata Sainik Samman Pension Scheme. Ext.P2 shows that she was granted pension as the widow under the State Freedom Fighters' Pension Scheme by the District Collector, Alappuzha on 18/07/1974. She was directed by the District Collector, Alappuzha, to produce various documents in respect of the application for S.S.S pension. Ext.P3 is the Non-Availability of Records Certificate (N.A.R.C) issued by the Superintendent of Sub Jail, Alappuzha. Finally, by Ext.P7, her application for pension was rejected on the ground that the State has not issued a positive recommendation letter, and that was challenged in W.P.(C). No.6296/2006. This Court by Ext.P10 judgment dated 13/09/2006 W.P.(C).NO.36681/2007-P -:2:- directed the State Government to reconsider the matter again. But by Ext.P11, the Central Government has chosen to reject the application in view of the fact that the State Government has not recommended the application. 2. The learned counsel for the petitioner submitted that Sri.Raghavan, deceased husband of the petitioner, was imprisoned for one year which is evidenced by Ext.P14 a report of the Tahsildar, Cherthala, submitted to the District Collector while application for pension under the State Government Freedom Fighters' Pension Scheme was being considered. It is further pointed out that the copy of the said report could be obtained by the petitioner only now and obviously that was not considered by the State Government or by the other authorities of the State when the Verification-cum-Entitlement Report was forwarded. Therefore, the learned counsel for the petitioner prays for a direction to the State Government to re-consider the matter in the light of Ext.P14 and the relevant file concerning the same. Since the application concerns grant of pension under the S.S.S pension scheme, I find that a further opportunity shall be given to the petitioner to produce materials to supplement the application. W.P.(C).NO.36681/2007-P -:3:- 3. Therefore, Ext.P11 is quashed. The petitioner will forward a copy of Ext.P14 to the second respondent within three weeks from today along with a copy of this judgment. On receipt of the same, the State Government will call for the relevant files concerning the grant of pension to the petitioner as per Ext.P2 namely, Order No.R.Dis/24805/74/FG dated 18/07/1974 of the District Collector, Alappuzha. Based on the said materials a fresh Verification-cum-Entitlement Report shall be forwarded to the first respondent within six weeks thereafter, wherein the State Government shall record the recommendation after considering Ext.P14 and other materials available with the file. The State Government will forward a copy of Ext.P14 also along with the said report. The Central Government shall, within a further period of two months, consider the application on its merits and, ultimately, if pension is sanctioned, the entitlement of the petitioner for arrears with effect from the date of application, 30/04/1998, shall also be considered, in accordance with law. The writ petition is allowed as above. No costs. T.R.RAMACHANDRAN NAIR, Judge ms