IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 20216 of 2007(F) -------------------------- PETITIONER(S): --------------- N.JANAMMA, AGED 80 YEARS, W/O. P.KUNJIRAMAN, (LATE) FREEDOM FIGHTER, KANJAVIL PADINJATTATHIL VEEDU, KANJAVELY P.O., KOLLAM. BY ADV. SRI.S.HARIKRISHNAN SRI.JAMES ABRAHAM (VILAYAKATTU) RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY ITS UNDER SECRETARY, MINISTRY OF HOME AFFAIRS, (FREEDOM FIGHTERS DIVISION), NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, GENERAL ADMINISTRATION (FREEDOM FIGHTERS PENSION-A) DEPARTMENT, SECRETARIAT, TRIVANDRUM. 3. THE DISTRICT COLLECTOR, KOLLAM. R1 BY ASST. SOLICITOR GENERAL SRI. P.PARAMESWARAN NAIR R2 AND R3 BY GOVERNMENT PLEADER SRI. L.G. SURESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE LETTER NO.SZ/19/424/74-FF.VI ISSUED BY THE FIRST RESPONDENT. EXT.P2 TRUE COPY OF THE LETTER DATED 22.9.1983 ISSUED BY THE THIRD RESPONDENT. EXT.P3 TRUE COPY OF THE LETTER DATED 14.1.1986 ISSUED BY THE ADDL. CHIEF SECRETARY TO GOVT. OF KERALA. EXT.P4 TRUE COPY OF THE LETTER DATED 5.6.1986 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER'S HUSBAND. EXT.P5 TRUE COPY OF THE REVIEW PETITION DATED 10.10.1989 SENT BY THE PETITIONER'S HUSBAND TO THE FIRST RESPONDENT. EXT.P6 TRUE COPY OF THE LETTER DATED 27.10.1989 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER'S HUSBAND. EXT.P7 TRUE COPY OF THE LETTER DATED 10.5.1990 ISSUED BY THE COMMISSIONER AND SECRETARY TO GOVT. OF KERALA. EXT.P8 TRUE COPY OF THE LETTER DATED 15.5.1991 ISSUED BY THE FIRST RESPONDENT. EXT.P9 TRUE COPY OF THE LETTER DSATED 5.2.1998 ISSUED BY THE FIRST RESPONDENT TO THE 2ND RESPONDENT. EXT.P10 TRUE COPY OF THE LETTER FROM THE 3RD RESPONDENT DATED 21.3.1998 TO THE PETITIONER'S HUSBAND. EXT.P11 TRUE COPY OF THE LETTER NO. C2.13132/98/K.DIS. DATED 16.9.1998 ISSUED BY THE TAHSILDAR, KOLLAM. EXT.P12 TRUE COPY OF THE REPRESENTATION DATED 13.11.1998 SUBMITTED BY THE PETITIONER'S HUSBAND BEFORE THE CHIEF MINISTER OF KERALA. EXT.P13 TRUE COPY OF THE ORDER NO. DIDIS. 104932/82/A7 OF THE THIRD RESPONDENT. EXT.P14TRUE COPIES OF THE CO-=PRISONER CERTIFICATES ISSUED BY KOCHIKKA VASU, GHEEVARGHESE UNNOONNY AND M.PAIPU, EX. MLA EXT.P15 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 6.6.2000 FILED BY THE FIRST RESPONDENT IN OP 4602 OF 2000 EXT.P16 TRUE COPY OF THE COUNTER AFFIDAVITDATED 13.10.2000 FILED BY THE 2ND RESPONDENT IN OP 4602 OF 2000 EXT.P17 TRUE COPY OF THE JUDGMENT DATED 26.7.2001 IN OP 4602 OF 2000 OF THIS HON'BLE COURT. EXT.P18 TRUE COPY OF THE REPORT OF THE MEETING OF THE DAC, KOLLAM HELD ON 10.8.2001 EXT.P19 TRUE COPY OF THE LETTER NO. 13666/FFP/A3/98/GAD DATED 1.10.2001 ISSUED BY THE 2ND RESPONDENT. 3 EXT.P20 TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE MATHRUBHOOMI DAILY DATED 12.4.1995 EXT.P21 TRUE COPY OF THE JUDGMENT DATED 3.3.2005 OF THIS HON'BLE COURT IN OP 37211 OF 2001 EXT.P22 TRUE COPY OF THE ORDER NO. 99981/FFP/A3/2004/GAD DATED 6.7.2005 EXT.P23 TRUE COPY OF THE DEATH CERTIFICATE OF THE PETITIONER'S HUSBAND. RESPONDENTS' EXHIBITS: NIL.' TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 20216 OF 2007 -------------------------------------------- Dated this the 19th day of September, 2008 JUDGMENT Petitioner is challenging Ext.P8 whereunder the Central Government has declined to grant pension under the Swatantrata Sainik Sammen Pension Scheme on repeated demand by the petitioner. It is seen from Ext.P8 that pension was provisionally granted to the petitioner based on co-prisoner's certificate issued by one P.K. Sukumaran. However, the State Government later pointed out that the certificate issued by the co-prisoner was not acceptable and based on the recommendation of the State Government, pension granted to petitioner's late husband was withdrawn. Petitioner later made an application based on some other certificate with evidence thereof. The contention of the petitioner is that even though proof of sufferings was not acceptable, the sufferings underwent by the prisoner, namely, petitioner's late husband, based on documents produced, are sufficient to grant pension. When claim is made, the freedom fighter is bound to furnish documents and evidence entiling him for pension and he cannot 2 keep on shifting the basis of the claim periodically. In the circumstances, I do not find any justification to interfere with Ext.P8. W.P.C. is devoid of any merit and is dismissed. (C.N. RAMACHANDRAN NAIR) Judge kk 3