IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 WP(C).No. 23461 of 2006(R) -------------------------- PETITIONER(S): --------------- SARASAMMA PURUSHOTHAMAN, AGED 68 YEARS, W/O.LATE PURUSHOTHAMAN, ADOPPINAKAM, 'USHA' NIVAS, OTTAPLAMUKKU, VALIYAKADA, CHIRAYINKEEZHU.P.O., THIRUVANANTHAPURAM. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENT(S): --------------- 1. THE GOVERNMENT OF INDIA, REP. BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-110 003. 2. THE STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. ADV. SRI. AJITH KRISHNAN, ADDL.CGSC FOR R1 SMT.MOLLY JACOB, CGSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF LETTER FROM R1 INCLUDING INA PERSONS ON POLITICAL SUFFERS. P2; TRUE COPY OF RELEVANT PAGE OF THE SCHEME. P3: TRUE COPY OF CIVILIAN PERFORMA DT.4.5.1983. P4: TRUE COPY OF CERTIFICATE DT.18.3.1968. P5: TRUE COPY OF CO-PRISONER CERTIFICATE. P6: TRUE COPY OF ORDER DT.5.12.1985. P7: TRE COPY OF CERTIFICATE DT.10.5.1983. P8: TRUE COPY OF REMINDER DT.4.2.1990. P9: TRUE COPY OF REVIEW PETITION DT.5.4.1994. P10: TRUE COPY OF REPRESENTATION DT.5.6.95. P11: TRUE COPY OF JUDGMENT IN O.P. NO.13889/1997 DT.9.2.1998. P12: TRUE COPY OF LETTER DT.18.7.98. P13: TRUE COPY OF REPLY LETTER DT.31.7.98. P14: TRUE COPY OF LETTER DT.9.9.98. P15: TRUE COPY OF DEATH CERTIFICATE. P16: TRUE COPY OF LETTER DT.20.6.2006 BY R1. P17: TRUE COPY OF LETTER DT.6.2.2002. RESPONDENT'S EXHIBITS: R1(a): TRUE COPY OF REJECTION LETTER DT.6.2.2003 ISSUED BY THE GOVT. OF INDIA. R1(b): TRUE COPY OF LETTER DT.20.6.2006 ISSUED BY R1. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.23461 of 2006 .................................................................... Dated this the 31st day of October, 2008. JUDGMENT The W.P. is filed challenging Ext.P17 by which petitioner was declined SSS pension by the Government of India. It is seen that State Government has not recommended petitioner's case. However, Central Government considered the document produced by the petitioner in support of his claim that he has undergone imprisonment for seven months during 1945-1946. However, certificate is issued by co-prisoners who had only seven months' imprisonment, whereas for issuing certificate by a co- prisoner, he should have been imprisoned minimum for one year. Similarly, the certificates produced by the petitioner from Ex-INA Association also were not sufficient to prove his imprisonment during 1945-1946 to qualify him for the pension. Since petitioner has not proved his eligibility through acceptable evidence for the sufferings in freedom struggle, his application was rightly rejected. The W.P. is therefore, dismissed as devoid of any merit. C.N.RAMACHANDRAN NAIR Judge pms