IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 WP(C).No. 29638 of 2005(C) ---------------------------------------- PETITIONER(S): ------------------------- AYYAPPY NARAYANAN, KARUVELIL HOUSE, MANNANCHERRY P.O., ALAPPUZHA. BY ADV. MR.K.K.SATHEESH RESPONDENT(S): ------------------------- 1. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS' DIVISION, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-110 003. 2. STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ALAPPUZHA. ADV. SMT.MOLLY JACOB (CGSC) FOR R1 GOVERNMENT PLEADER MR.THOMAS JOHN AMBOOKEN FOR R2 & 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) 29638/2005 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT IDE ORDER NO.R.DIS. 34010/71 DT. 22.3.73. P2:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DT. 16.5.98. P3:- COPY OF THE CERTIFICATE ISSUED BY SRI.P.A.SOLOMON EX-MP DT. 18.9.72. P4:- COPY OF THE REPRESENTATION DT. 1.9.05 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. P5:- COPY OF THE CO-PRISONER CERTIFICATE ISSUED BY SRI.P.A.SOLOMON EX-MP IN THE PRESCRIBED FROM DT. 29.8.05. P6:- COPY OF THE NARC ISSUED BY THE SUPDT. OF POLICE , ALAPPUZHA DT. 12.8.05. P7:- COPY OF THE NARC ISSUED BY THE SUPDT. OF SUB JAIL, ALAPPUZHA DT. 19.5.98. P8:- COPY OF THE LETTER NO.52/CC/KER/20/01-FF(SZ) DT. 28.1.04 ISSUED BY THE IST RESPONDENT TO THE 2ND RESPONDENT. P9:- COPY OF THE ORDER NO.52/CC/K/69/04-FF(SZ) DT. 3.2.05 ISSEUD BY THE IST RESPONDENT. /TRUE COPY/ P.S. TO JUDGE tss HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.29638 OF 2005 ---------------------------- DATED THIS THE 30TH DAY OF JANUARY, 2009 JUDGMENT Petitioner was a freedom fighter, who had actively participated in the Punnapra-Vayalar Movement during the freedom struggle. On account of his participation in the said struggle, he had undergone imprisonment in the defunct sub jail at Alleppey for a period of about 9 months from January, 1947 to September, 1947 in connection with Case No.P.E.7/1122 M E on the file of the Special First Class Magistrate Court, Alleppey. Petitioner claimed that he is entitled to get the benefit of Swatantrata Sainik Samman Pension (SSS Pension). 2. The petitioner was a recipient of State pension. Ext.P1 is the order dated 22/3/1973 sanctioning State pension. Ext.P2 is the application submitted by the petitioner under the SSS pension scheme. Since Ext.P3 Co-prisoner certificate originally produced was not in the prescribed form, Ext.P5 certificate in the prescribed -2- W.P.(C).No.29638/2005 form was also produced. Ext.P7 is the Non-availability of Records Certificate (NARC) issued by the Superintendent of Special Sub Jail, Alappuzha. Clause 9 of the Swatantrata Sanik Samman Pension Scheme is extracted below. “The applicant should furnish the documents indicated below whichever is applicable:- (a) Imprisonment/Detention etc. Certificate from the concerned jail authorities, District Magistrates or the State Government. In case of non-availability of such certificates co-prisoner certificates from a sitting M.P. or M.L.A. or from an ex-M.P. or an ex- M.L.A. specifying the jail period. (Annexure-I in the application form).” 3. Going by the Scheme the requirement of production of certificate stated in Clause 9(a) is satisfied on the basis of the documents submitted by the petitioner. In this case the petitioner produced a certificate from the Superintendent of Police. In case of non-availability of such certificates, co- -3- W.P.(C).No.29638/2005 prisoner certificate from the sitting MP or MLA or from an ex- MP or ex-MLA specifying the jail period shall be produced. 4. In the counter affidavit filed by the respondents 2 and 3 it is stated that the certifier Sri P.A. Solomon is not an eligible certifier, as his period of imprisonment does not fulfil the requirements and also lacks case records. It is also stated in the same paragraph that the application cannot be accepted for want of NARC. The eligibility of the applicant and the requirement under the Scheme are very elaborately considered by this Court in the judgment in W.P.(C).No.15250/2005. The Scheme does not stipulate that the certifier shall undergone a fixed period of imprisonment. It is true that a certificate shall be supported by documents to prove that the certifier also had undergone imprisonment. It is not disputed before me that Sri P.A. Solomon is a recipient of pension under the very same Scheme, that itself shows that he had undergone imprisonment for a minimum period of not less than six months. In the case of -4- W.P.(C).No.29638/2005 MP or MLA or Ex-MP or Ex-MLA no minimum period is fixed in the Scheme. So, the reasons stated that the certifier is not an eligible certifier is totally wrong. The 2nd reason stated about the NARC is also wrong. Ext.P7 is the NARC issued by the Jail Authorities. Therefore, two documents required to be produced by the applicant under Clause 9(a) have been satisfied. In this case Exts.P5 and P7 are the certificates required under Clause 9 (a) of the Scheme. Therefore, other documents in support of the application need not be insisted upon. Therefore, the State Government is directed to forward their verification report, after examining the materials on record, along with the entitlement to pension report (recommendation) to the 1st respondent within a period of two months from the date of receipt of a copy of this judgment, if he is found eligible, and the lst respondent, on receipt of the reports, shall pass appropriate orders within a period of three months of receipt of the same. It is needless to say that the petitioner is entitled to arrears of pension from the date of -5- W.P.(C).No.29638/2005 receipt of the application dated 16/5/1998. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.