IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 WP(C).No. 16621 of 2006(D) -------------------------- PETITIONER(S): --------------- KAMALA C.G. W/O.T.K.BHARGAVAN, AGED 58, POTTALATHU VEEDU, KANICHUKULANGARA P.O. MARARIKULAM NORTH PANCHAYATH, CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.J.OM PRAKASH RESPONDENT(S): --------------- 1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE UNDER SECRETARY TO GOVERNMENT OF INDIA, FREEDOM FIGHTERS DIVISION, MINISTRY OF HOME AFFAIRS, NEW DELHI. 3. THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.ROJO JOSEPH THURUTHIPARA, CGC FOR R1 & R2 GOVERNMENT PLEADER, SRI.P.K.RAVI KRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16621 of 2006(D) A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE APPLICATION OF THE PETITIONER DATED 30/04/1998 EXT.P2 TRUE COPY OF THE CERTIFICATE OF NARAYANAN RAMANKUTTY DATED 17/01/2002. EXT.P3 TRUE COPY OF THE CONVICT REGISTER RELATING TO RAMANKUTTY. EXT.P4 TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 26/07/1999 ISSUED TO RAMANKUTTY. EXT.P5 TRUE COPY OF THE LETTER DATED 02/01/2004 OF THE 3RD RESPONDENT. EXT.P6 TRUE COPY OF THE CERTIFICATE OF H.K.CHAKRAPANI DATED 21/12/2004. EXT.P7 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT ISSUED TO H.K.CHAKRAPANI DATED 18/06/2003. EXT.P8 TRUE COPY OF THE CONVICT REGISTER RELATING TO H.K.CHAKRAPANI ISSUED BY THE SUPERINTENDENT, CENTRAL PRISON, THIRUVANANTHAPURAM, DATED NIL.. EXT.P9 A TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT DATED 26/02/2003. EXT.P10 TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 06/07/2005. EXT.P11 TRUE COPY OF THE COPY APPLICATION AND ORDER IN P.E.7/1122 OF THE C.J.M. COURT, ALAPPUZHA, DATED 09/07/1974. EXT.P12 TRUE COPY OF THE REPORT OF THE TAHSILDAR, CHERTHALA, DATED 06/06/1975 \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No.16621/2006-D ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 13th day of November, 2008. J U D G M E N T The petitioner is the widow of Sri.T.K.Bhargavan, a freedom fighter who had actively participated in the Punnapra-Vayalar Struggle, pursuant to which he was arrayed as an accused in the case No.P.E.7/1122 M.E. A non- bailable warrant was issued against him and, in order to evade arrest, he went underground from October, 1946 to August, 1947. 2. Ext.P1 is the application for Swatantrata Sainik Samman Pension dated 30/04/1998, filed by the petitioner. Thereafter, there were various correspondences between the parties and, ultimately, by Ext.P10, the Government of India rejected Ext.P1 for want of positive recommendation from the State Government. This is under challenge in this writ petition. 3. The first respondent has filed a counter affidavit justifying the stand taken in Ext.P10. One of the reasons stated for rejecting the application is that the State Government has not recommended the claim raised by the petitioner. 4. Along with the reply affidavit, petitioner has produced Ext.P12 which is the copy of the report of the Tahsildar dated 06/06/1975, forwarded W.P.(C) No.16621/2006 -:2:- to the District Collector, Alappuzha, recommending the grant of Kerala Freedom Fighters' Pension for the very same suffering. It is recorded therein as follows:- “Applicant participated in Punnapra-Vayalar Freedom Movement in 1946, a Case No.P.E.7/1122 was registered against him and he went underground for the period of 18 months.” --There is an endorsement made by the District Collector, Alappuzha to the effect that the committee opined and accordingly, sanction was granted. 5. It appears that the State Government did not recommend pension for want of more authentic particulars. Learned counsel for the petitioner submits that the original documents leading to the issuance of the report are available in the Office of the District Collector, Alappuzha and if the same is considered along with Ext.P6, personal knowledge certificate issued by the prominent freedom fighter Sri.H.K.Chakrapani, it can be found that the claim is genuine. 6. In the above circumstances, there will be a direction to the third respondent to call for the original files leading to Ext.P12 from the District Collector Alappuzha, and reconsider the application of the petitioner after considering the various documents including Ext.P6 certificate also. The W.P.(C) No.16621/2006 -:3:- petitioner will produce along with a representation, copy of Ext.P12 before the third respondent within three weeks from today. On receipt of the same, further action will be taken in the matter by the third respondent and a fresh verification-cum-entitlement report showing appropriate recommendation shall be forwarded to respondent Nos.1 and 2 within a period of two months. Based on the same, the first respondent shall reconsider the claim for pension within a further period of two months from the date of receipt of records from the State Government. In the event of sanction of pension, the entitlement for arrears of pension from the date of the application i.e. 30/04/1998 shall also be considered. To enable the first respondent to reconsider the matter afresh Ext.P10 stands set aside. The writ petition is disposed of as above. No costs. T.R. RAMACHANDRAN NAIR, JUDGE ms