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. 15612 of 2007(H) -------------------------- PETITIONER: ------------ K.V.SADANANDAN, BUNGLOW PARAMBU, CHERTHALA CANAL WARD, ALAPPUZHA-7. BY ADV. SRI.K.K.SATHEESH RESPONDENTS: ------------- 1. UNION OF INDIA REPRESENTED BY THE UNDER SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTER'S DIVISION, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-3. 2. STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. R1 BY SHRI P. PARAMESWARAN NAIR, ASST. SOLICITOR GENERAL 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 JAIL CERTIFICATE ISSUED BY THE SUPDT. OF CENTRAL PRISON, TRIVANDRUM DATED 19.3.2007 EXT.P2-TRUE COPY OF THE ORDER DATED 15.2.1974 ISSUED BY THE DISTRICT COLLECTOR, ALLEPPEY. EXT.P3-TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE RESPONDNETS DATED 30.3.1998 EXT.P4-TRUE COPY OF PKC ISSUED BY SHRI SUKUMARAN DATED 16.3.1998 EXT.P5-TRUE COPY OF THE CO-PRISONER CERTIFICATE ISSUED BY P.A. SOLOMON, EX.M.P. DATED 26.8.1973 EXT.P6-TRUE COPY OF THE LETTER ISSUED BY THE DISTRICT COLLECTOR ALAPPUZHA TO THE PETITIONER. EXT.P7-TRUE COPY OF THE NARC FROM THE SUB JAIL, ALLEPPEY DATED 30.8.1973 EXT.P8-TRUE COPY OF THE AFFIDAVIT DULY ATTESTEDBY THE JUDICIAL IST CLASS MAGISTRATE ALAPPUZHA DATED 27.1.1999 EXT.P9-TRUE COPY OF THE CO-PRISONER CERTIFICATE ISSUED BY SHRI P.A. SOLOMON EX.MP DATED 7.2.2001 EXT.P10-TRUE COPY OF THE COMMUNICATION DATED 18.6.2002 ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA TO THE PETITIONER. EXT.P11-TRUE COPY OF THE COMMUNICATION DATED 28.1.2004 ISSUED BY THE FIRST RESPONDENT TO THE 2ND RESPONDENT. EXT.P12-TRUE COPY OF THE JUDGMENT DATED 27.3.2006 PASSED Y THIS COURT IN OP NO.32694/2001 EXT.P13-TRUE COPY OF THE LETTER DATED 26.8.2006 ISSUED BY THE 2ND RESPONDENT TO THE FIRST RESPONDENT. EXT.P14-TRUE COPY OF LETTER DATED 7.4.2003 ISSUED BY THE FIRST RESPONDENT TO THE 2ND RESPONDENT. EXT.P15-TRUE COPY OF REIVEW PETITION DATED 3.4.2007 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P16-TRUE COPY OF THE IDENTIFICATION CERTIFICATE ISSUED BY THE TAHSILDAR, AMBALAPUZHA DATED 29.3.2007. // TRUE COPY // T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) NO.15612 of 2007-H - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of April, 2008. JUDGMENT The petitioner is an applicant to the grant of SSS pension. The challenge is against Ext.P13, a communication issued by the State Government to the Central Government. 2. The petitioner was an active participant of the Punnapra – Vayalar struggle. He had gone underground for a period of five months from October 1946 to February 1947. He was arrested by the police and had undergone undertrial imprisonment in the defunct Sub Jail lock -up at Alleppey from 14.2.1947 to 13.12.1947 in connection with case No.PE 7/1122 ME on the file of the Special Magistrate Court, Alleppey. He was also convicted and sentenced to undergo R.I. for a period of six months in C.C.No.238/1124 ME by the First Class Magistrate Court, Alleppey as per judgment dated 29.12.1124 ME. Thereafter, he had undergone imprisonment in Central Prison, Trivandrum for a period of six months from 2.1.1125 ME to 26.1.1950, i.e. till he was released as per GO (MS) H.555/50 dated 25.1.1950. Ext.P1 is the true copy of the jail certificate issued by the competent authority. He was granted the benefit of Kerala WPC 15612/2007 -2- Freedom Fighters Pension as per Ext.P2, by the District Collector, Alappuzha for participation in the very same struggle. Ext.P3 is the application for grant of SSS pension. Along with it, he produced the Personal Knowledge Certificate issued by another prominent freedom fighter, Shri Sukumaran. He had also produced Ext.P5 issued by Shri P.A.Solomon Ex.M.P. As per Ext.P6 issued by The District Collector, Alappuzha, he was directed to produce various details and documents. Exts.P7 and P8 are the NARC from the Superintendent of Sub Jail, Alappuzha and the affidavit duly attested. He was informed that his application could not be recommended, as the certificate from Shri P.A. Solomon Ex.M.P. is not acceptable. In an earlier writ petition, viz. O.P.No.32694/2001, the said order was quashed. Again, the matter was heard and Ext.P13 order has been passed. The question is whether the reasons stated therein are correct. 3. Learned counsel for the petitioner submitted that the Central Government, as per Ext.P14 letter, clarified that the cases of freedom fighters of Punnapra – Vayalar struggle would be covered under the SSS Pension Scheme, even if the imprisonment period of freedom fighters had extended beyond independence. In the light of the said clarification, the petitioner again submitted a review petition to the second respondent by WPC 15612/2007 -3- producing Ext.P1 jail certificate along with an identification certificate issued by the Tahsildar, Ambalappuzha. The same is pending without any result. 4. It is clear from Ext.P1 that the petitioner was convicted and sentenced to 6 months R.I. Under Section 9(5) of Act-I of 1122 in C.C.No.238/124 and he was admitted in Central Prison, Trivandrum on 2nd Chingam 1125 ME as Convict No.712. The date of release is also clearly stated in Ext.P1. Therefore, it is a document having the effect of primary evidence. The State Government in Ext.P13, found against him mainly for the non-acceptability of co-prisoners' certificate. The claim is liable to be considered in the light of the clarification issued by the Central Government as per Ext.P14. 5. Therefore, Ext.P13 is quashed. There will be a direction to the second respondent to reconsider the matter afresh in the light of Ext.P1 and other documents as requested for in Ext.P15 and forward the 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 said records from the second respondent, the first respondent shall consider the application for grant of SSS pension in accordance with law, within a further period of two months. In the event of WPC 15612/2007 -4- grant of pension, the entitlement of the petitioner for receipt of arrears from the date of application for SSS pension, also will be considered. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/ WPC 15612/2007 -5- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No. - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 6th March, 2008.