IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH NOVEMBER 2010 / 20TH KARTHIKA 1932 WP(C).No. 26628 of 2009(W) -------------------------- PETITIONER(S): --------------- OMANA, D/O.N.S.RAMAN, ANANDABHAVAN, KORAKKODU, KOLLAYIL P.O., CHITHRA, KOTTARAKKARA, KOLLAM. ADDL. PETITIONERS: 2. SOMAN, AGED 61, S/O. N.S. RAMAN, ANANDA BHAVAN, KORAKKODU, KOLLAYIL PO, CHITHARA, KOTTARAKKARA, KOLLAM. 3. BABY, AGED 57, D/O. N.S. RAMAN, DO. DO. 4. KERALIYAN, AGED 55, S/O. DO. DO. 5. RAMANAN, AGED 45, D.O. DO. (ADDL. PETITIONERS 2 TO 5 IMPLEADED AS PER ORDER IN IA 8425/2010 DT. 9.7.10) BY ADV. SRI.J.OM PRAKASH RESPONDENT(S): --------------- 1. THE UNION OF INDIA, REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.CYRIAC KURIAN, CGSC FOR R1 GOVERNMENT PLEADER FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11 / 11 / 2010 , THE COURT ON 11/11/2010 DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF THE APPLICATION SUBMITTED BY THE MOTHER OF THE PETITIONER DT.1.6.98 EXT.P2-TRUE COPY OF THE TRUE EXTRACT OF THE CONVICT REGISTER OF THE CENTRAL PRISON, THIRUVANANTHAPURAM EXT.P3-TRUE COPY OF ORDER OF DISTRICT COLLECTOR, KOLLAM DT.12.12.2007 EXT.P4-TRUE COPY OF THE ORDER OF UNDER SECRETARY TO GOVT. OF INDIA DT.15.12.2003 EXT.P5-TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DT.30.1.2008 EXT.P6-TRUE COPY OF THE ORDER OF THE ADDL. CHIEF SECRETARY TO GOVT. DT.24.4.2009 EXT.P7-TRUE COPY OF ORDER ISSUED BY DO. DT.4.6.2009 EXT.P8-TRUE COPY OF REPORT OF THE SUPERINTENDENT, CENTRAL PRISON, THRIUVANNATHAPURAM DT.8.2.2009 EXT.P9-TRUE COPY OF THE REPORT OF THE DISTRICT COLLECTOR, KOLLAM DT.5.3.2009 EXT.P10-TRUE COPY OF THE LETTER OF THE JOINT SECRETARY TO GOVT. OF INDIA DATED 7.4.2003 EXT.P11-TRUE COPY OF THE EXTRACT OF THE CONVICT REGISTER RELATING TO KOCHUKUTTY RAGHAVAN ISSUED BY THE SUPERINTENDENT, CENTRAL PRISON, THIRUVNANTHAPURAM EXT.P12- TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.32076/2006 DATED 24.8.2007 EXT.P13-TRUE COPY OF THE REPORT OF THE TAHSILDAR, CHERTHALA EXT.P14-TRUE COPY OF THE PENSION ORDER ISSUED TO SHRI K. RAGHAVAN DT.27.11.2007 EXT.P15-TRUE COPY OF THE ORDER NO.D.DIS. 25148/75/J6 DT.22.6.76 // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 26628 of 2009-W - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of November, 2010. JUDGMENT This writ petition was filed by the deceased petitioner Smt. Omana and additional petitioners 2 to 5 who are the brothers and sister of late Omana and the children of late Shri N.S. Raman. The matter relates to the claim for grant of SSS pension. The application for grant of pension stands rejected by the Central Government by Ext.P7 order which is under challenge in this writ petition. 2. The petitioners' case is that their father late Shri N.S. Raman was an active participant of Punnapra-Vayalar struggle. After his death, the mother of the petitioners filed an application as per Ext.P1. She also died on 7.7.2007. It is averred in the writ petition that the deceased Raman was an accused in case No.P.E.8./1122 of the Special Magistrate Court, Alappuzh. A warrant was issued against him and he went underground to evade arrest from 28.10.1946 to 19.12.1947. Later, he was arrested in connection with another case relating to Punnapra-Vayalar struggle which was registered prior to independence and the First Class Magistrate Court, Cherthala, after trial convicted and sentenced him for one year in C.C. wpc 26628/2009 2 No.3/1950 and he was imprisoned in Central Jail, Thiruvananthapuram from 15.3.1950 to 1.1.1951. Ext.P2 is the true extract of the convict register. It is also stated that he was awarded Thamrapathram and the State Government granted freedom fighters pension. Ext.P3 is the proceedings of the District Collector evidencing the same. Ext.P3 also shows that the deceased first petitioner was granted pension in continuation of the pension granted to her mother. 3. Earlier, the application was rejected as per Ext.P4. It is pointed out that copy of Ext.P2 jail records was not available and it could not be produced originally. After the same was traced out, along with a representation Ext.P5, it was produced. Thereafter, the deceased first petitioner filed W.P.(C) No.24402/2008 and this Court directed the Government to reconsider the matter. By Ext.P6, the State Government refused to recommend the application and consequently by Ext.P7, the Central Government also rejected it. The reason for not recommending the same, stated in Ext.P6 is that the Jail Superintendent informed that the case in which the deceased was convicted, is not correlated to any freedom movement. 4. To meet the above objection, the deceased petitioner has produced Ext.P10 communication from the Central Government to the wpc 26628/2009 3 effect that in respect of Punnapra-Vayalar struggle being a movement for merger of erstwhile Princely State, even if the entire period of claimed suffering was after independence, it will be covered under the Scheme. 5. The other argument raised is that the offence charged against the deceased Shri N.S. Raman was under Section 9(1) read with Section 5 of Ordinance V of 1125 which is clear from column 13 of Ext.P2. The petitioner (deceased) has produced Ext.P11, true extract of the convict register relating to Kochukutty Raghavan who is a recipient of Central pension, to show that he was also charged with the very same offence, viz. Section 1(a) and 9(5) of Ordinance V of 1125 and therefore it is pointed out that the same is in connection with Punnapra-Vayalar struggle only. Ext.P12 is the copy of the judgment in W.P.(C) NO. 32076/2008 relating to Kochukutty Raghavan, wherein this Court after considering various details produced therein, found that the jail suffering was in connection with the Punnapra-Vayalar struggle. 6. The State Government has filed a counter affidavit, wherein in para 5 it is stated that the District Collector, Kollam reported that the copy of the extract of convict register of Central Prison, Thiruvananthapuram in C.C. No.3/1950 was got verified through the Jail Superintendent, Central Prison, Thiruvananthapuram who in turn informed that the case in which the wpc 26628/2009 4 petitioners' late father had been imprisoned from 15.3.1950 to 1.1.1951 cannot be correlated with any freedom movement. Moreover, the period of imprisonment was after two years of independence and differ from that of the period claimed earlier from 28.10.1946 to 9.12.1947 and hence not recommended the case. 7. Evidently, in Ext.P1 application the underground suffering from 28.10.1946 to 9.12.1947 was shown. But that was in case No.PE 8/1122. Herein, the conviction is in respect of CC No.3/1950. Therefore, the discrepancy in the period is not material in view of the fact that the question now is whether Ext.P2 will justify the claim raised by the petitioners that the same is in connection with Punnapra-Vayalar struggle. 8. As directed by this Court, learned Govt. Pleader made available the file leading to the sanction of pension under the Kerala Freedom Fighters Pension Rules viz. File No.R.Dis-11250/72/F6 dated 15.6.1972 relating to late Shri N.S. Raman. The file contains the report made by the Tahsildar stating that “the applicant is a participant of Punnapra-Vayalar struggle and he has undergone imprisonment for one year.” The application is recommended subject to proof of imprisonment. In the reverse side of the said report the District Collector has made the following endorsement: “Shri Paraman, Shri N.S.S. Panicker and Shri Chandrasenan, members of wpc 26628/2009 5 the Committee. They say he was in police lock up as an undertrial prisoner in Punnapra-Vayalar case for about a year. His name appears as item No.84 in category IV in the list given by the Police. Pension sanctioned.” It is therefore contended by the learned counsel for the petitioners that the same will prove that he was convicted in connection with the Punnapra- Vayalar struggle itself. 9. This is a matter for further verification by the Government in the light of the endorsement in the above file. Obviously, the same was not verified earlier while forwarding Ext.P6. In that view of the matter, a reconsideration is essential and hence Exts.P6 and P7 are quashed. 10. There will be a direction to the Government to call for the files and connected records from the District Collector, Alappuzha in respect of R.Dis-11250/72/F6 dated 15.6.1972 sanctioning pension to late Shri N.S. Raman, as the report of the Tahsildar is available along with the endorsement made by the District Collector on the reverse side of it. The fact that the conviction was after independence, will not disentitle the petitioners from claiming pension in the light of Ext.P10 letter dated 7.4.2003 of the Government of India. Since the offence alleged is under Section 9(1) read with Section 5 of Ordinance V of 1125, it is open to the Government to verify through the District Collector, Alappuzha, the details wpc 26628/2009 6 of C.C. No.1950 in the light of the assertion by the petitioners that the same related to Punnapra-Vayalar struggle. If they are not available, the other records available including the files in R.Dis-11250/72/F6 will be examined along with the documents produced by the petitioners already. 11. A fresh verification-cum-entitlement report shall be forwarded thereafter by the State Government to the Central Government within a period of two months from the date of receipt of a copy of this judgment. The Central Government will take a fresh decision within a further period of three months thereafter. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/