IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 WP(C).No. 33556 of 2005(T) -------------------------------------- PETITIONER: ------------------- LEELA THANKAPPAN, W/O.LATE K.A.THANKAPPAN, KOCHUKATTUNGAL VEEDU, KAITHAVANA, PAZHAVEEDU, SANATHANAPURAM P.O., ALAPPUZHA-3. BY ADV. SRI.K.K.SATHISH. RESPONDENTS: ------------------------ 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS' DIVISION, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-110 003. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R1 BY SRI. KRISHNAMOORTHY, C.G.C, SRI.M.A.FAYAZ, ADDL.CGSC, R2 BY GOVERNMENT PLEADER SRI. M.R. SABU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.33556/2005-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. 2352/87/N4 DTD. 17/01/1987 OF THE DIST. COLLECTOR, ALAPPUZHA. EXT.P.2: COPY OF THE APPLICATION DTD.08/05/1998 SUBMITTED BY THE PETITIONER TO THE RESPONDENTS. EXT.P.3: COPY OF THE PKC ISSUED BY SRI. KUNJAN SUKUMARAN DTD. 05/05/1998. EXT.P.4: COPY OF THE ACKNOWLEDGEMENT CARD DULY SEALED BY THE R.1. DT. 15/05/1998. EXT.P.5: COPY OF THE LETTER NO.H3.715/98-SR DTD. -7-2000 ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA. EXT.P.6: COPY OF THE AFFIDAVIT DULY ATTESTED DTD. 23/09/2000 FURNISHED BY THE PETITIONER TO THE DIST. COLLECTOR, ALAPPUZHA. EXT.P.7: COPY OF THE REPRESENTATION DTD. 02/11/2005 SUBMITTED BY THE PETITIONER TO THE R.2. EXT.P.8: COPY OF THE N A R C ISSUED BY THE SUPDT. OF POLICE, ALAPPUZHA. DT. 20/10/2000. EXT.P.9: COPY OF THE P K C ISSUED BY SRI. H.K.CHAKRAPANI DTD. 17/10/2005. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.33556 of 2005 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of August, 2011 J U D G M E N T The petitioner is the widow of a freedom fighter by name Sri. K.A. Thankappan. According to the petitioner, her husband participated in the Punnapra – Vayalar Movement which is accepted as part of the independent struggle of India. As a result of his participation in the Punnapra – Vayalar Movement, an arrest warrant was issued against him by the Special Magistrate Court, Alleppey in Case No.P.E.7/1122 ME, and in order to evade arrest, he went underground for a period of about 9 months from 28th October, 1946 to 30th July 1947. Taking into account the participation of her husband in freedom struggle, the State of Kerala was kind enough to grant Freedom Fighters' Pension and the petitioner is receiving the same. By Ext.P2 application, the petitioner submitted an application for pension under the Swatantratha Sainik Samman Pension Scheme of the Government of India. Along with the same, W.P.(C)No.33556 of 2005 -2- the petitioner submitted a Personal Knowledge Certificate of one Sri. Kunjan Sukumaran, who is a recipient of Central Freedom Fighters' Pension as also a 'Thamrapathra' holder. He certifies that he was imprisoned for 5 years during the freedom struggle and lodged in the Central Jail in Trivandrum District from 27 Vrichigom 1123 ME to 27.01.1955. He being thus eligible as a certifier for the purpose of Freedom Fighters' Pension, he certified that the petitioner's husband remained underground for more than six months for the period from 28th October, 1946 to 30th July 1947. Subsequently the petitioner produced Ext.P9 Personal Knowledge Certificate of one Mr. H.K. Chakrapani who also suffered imprisonment for more than 5 years during the freedom struggle and has been a recipient of Central Freedom Fighters' Pension. In that certificate, Sri. H.K. Chakrapani certified that, the petitioner's husband remained underground for a period of more than six months from 28th October, 1946 to 30th July, 1947 and he was one on whom an award for arrest was announced but he evaded W.P.(C)No.33556 of 2005 -3- arrest, as per the order of the Special Magistrate Court, Alleppey in Case No.P.E.7/1122 M.E. She also produced Ext.P8 Non-availability of Records Certificate (NARC) issued by the Superintendent of Police, Alappuzha to the effect that there are no records available in the district regarding the involvement of the petitioner's husband in case No.P.E. 7/1122 of Punnapra - Vayalar Freedom Fight. The petitioner has not been favoured with any communication as to whether the petitioner's claim for Freedom Fighters' Pension was allowed or rejected. The petitioner has therefore filed this writ petition seeking the following reliefs: “i. declare that the petitioner is entitled to get the benefit of SSS Pension due to her late husband w.e.f. 15.5.1998 i.e. the date of receipt of Ext.P2 application as per Ext.P4. ii. issue a writ of mandamus or other appropriate writ, direction or order compelling the 2nd respondent to forward their verification-cum-recommendation report with regard to the eligibility of the petitioner to get the benefit of SSS Pension to the 1st respondent and on receipt of the same, the 1st respondent may be directed to grant the benefit of SSS Pension to the petitioner due to her late husband within a stipulated time; iii. issue a writ of mandamus or other appropriate writ, direction or order compelling the 1st respondent to grant the dependent family pension under the SSS Pension W.P.(C)No.33556 of 2005 -4- Scheme to the petitioner within a stipulated time.” 2. A counter affidavit has been filed on behalf of the Union of India, which as usual contains nothing except a transcription of the various provisions of the SSS Pension Scheme. What I understand from the counter affidavit is that, the Union of India could not consider the claim because the State Government has not recommended the petitioner's case for pension as per the scheme. The State Government has filed a counter affidavit wherein they have simply stated that the Personal Knowledge Certificate produced by the petitioner is unacceptable. They do not give any reason whatsoever as to why the Personal Knowledge Certificate is unacceptable. 3. In a series of judgments, I had occasion to pass strictures against both the Union Government and the State Government against the way in which they treat freedom fighters. See for eg. Jagadamma v. Union of India [2011 (3) KHC 366]. I had occasion to comment that these two entities treat freedom fighters as beggars, little realising W.P.(C)No.33556 of 2005 -5- that it is because of the sacrifice of these persons that we enjoy the freedom which we have now, which is often used properly by us. Even then the two respondents continue to behave in the same way which is my experience. Even when this Court orders payment of Freedom Fighters' Pension actual payment is delayed for years. In fact yesterday, I had occasion to consider a case where the judgment was passed in July 2010, and the Union Government claims that the pension was granted in October 2010, which is yet to be paid to the concerned freedom fighter or his widow. Several cases are pending in the Division Bench in Writ Appeals where I had directed to recover interest and cost payable to the freedom fighter from the officer concerned. Still the officers behave in the same pattern, which I am of opinion is because of lack of self respect or perhaps they don't realise the sacrifices these poor people have made for obtaining freedom for this country, so that these persons can sit in the armed cozy chairs in an air conditioned room to issue such orders W.P.(C)No.33556 of 2005 -6- rejecting applications for freedom fighters' pension mercilessly and without any respect for the freedom fighter. 4. I am of opinion that Ext.P9 is a proper Personal Knowledge Certificate. The State Government has not stated as to why Sri. H.K. Chakrapani is not a qualified certifier. In fact, in other cases, I have already directed the respondents to accept Personal Knowledge Certificates issued by Sri. H.K. Chakrapani. Therefore, I am inclined to accept it as a proper Personal Knowledge Certificate. The poor petitioner, who is aged 78 years now, cannot be asked to go around various Government offices to find out whether there is any record in that office regarding her late husband, which itself is of the year 1947 and before. She has done the next best thing. She has obtained Ext.P8 certificate from the Superintendent of Police, Alleppey, certifying non-availability of records relating to the case. I am satisfied that it is a proper Non-availability of Records Certificate. Exts.P8 & P9 would together constitute the necessary documents for proving the claim of the petitioner. W.P.(C)No.33556 of 2005 -7- It is declared so. In the above circumstances, this writ petition is disposed of with the following directions: The 2nd respondent shall forward the papers relating to the claim of the petitioner for pension recommending the case of the petitioner for pension to the 1st respondent, in respect of the sufferings of the petitioner's husband in the freedom struggle, within a period of one month from today. The 1st respondent Union of India shall grant pension and disburse the same to the petitioner within a further period of two months therefrom. I remind the respondents that any delay by the respondents in implementing the same as in other similar cases would attract personal responsibility for interest and costs. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/