IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 WP(C).No. 1830 of 2008(P) ---------------------------------- PETITIONER(S): ----------------------- OMANA, W/O. K.K.SREEDHARAN, AGED 70, PUTHIYEDATH, S.N.PURAM P.O., THIRUVIZHA, ALAPPUZHA. BY ADV. SRI.J. OMPRAKASH RESPONDENT(S): ----------------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL ADMINISTRATION, SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SRI.ABRAHAM THOMAS, CGC SRI.S.KRISHNAMOORTHY, CGC R2 BY GOVERNMENT PLEADER ADV.SRI. K. SANIL KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.1830/2008-P APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE APPLICATION OF THE HUSABND OF THE PETITIONER DATED 20-5-1998. P2 COPY OF THE STATE PENSION ORDER DATED 20-11-75 ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA. P3 COPY OF THE APPLICATION AND THE ORDER IN CASE NO.P.E.NO.7/1122 OF THE C.J.M.COURT ALAPPUZHA DATED 11-6-74. P4 COPY OF THE CERTIFICATE OF NARAYANAN RAMANKUTTY DATED 21-10-2001. P5 COPY OF THE EXTRACT OF THE CONVICT REGISTER OF CENTRAL PRISON, THIRUVANANTHAPURAM DATED 27-1-1955. P6 COPY OF THE ORDER DATED 26-11-99 OF THE UNDER SECRETARY TO GOVERNMENT OF INDIA. P7 COPY OF THE LETTER OF THE DEPUTY COLLECTOR, (HOUSING), ALAPPUZHA DATED 15-1-2002. P8 COPY OF THE CERTIFICATE OF SRI.CHAKRAPANI DATED 15-3-2007. P9 COPY OF THE CONVICT REGISTER RELATING TO SRI.H.K.CHAKRAPANI ISSUED BY THE SUPERINTENDENT OF THE CENTRAL PRISON, THIRUVANANTHAPURAM DATED NIL. P10 COPY OF THE CENTRAL PENSION ORDER ISSUED TO SRI.H.K.CHAKRAPANI DATED 18-6-2003. P11 COPY OF THE ORDER OF THE UNDER SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, DATED 10-10-2007. P12 COPY OF THE REPRESENTATION OF THE PETITIONER DATED 7-12-2007. P13 COPY OF THE REPORT OF THE TAHSILDAR, CHERTHALA DATED 24-1-74. P14 COPY OF THE A.D.CARD OF THE 2ND RESPONDENT DATED NIL. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ sts P.S.TO.JUDGE T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.1830 Of 2008 ----------------------------------------------------- DATED THIS THE 22nd DAY OF OCTOBER, 2010 J U D G M E N T The petitioner herein is the widow of Shri K.K.Sreedharan, who was an active participant of the Punnapra-Vayalar struggle. It is averred that late Shri K.K.Sreedharan was an accused in P.E.No.7/1122 M.E. and the Court issued non-bailable warrant against him. In order to evade arrest, he went underground for more than six months from October, 1946 to September, 1947 as a result of which the court declared him as a proclaimed offender. 2. Exhibit P1 is the true copy of the application filed by the petitioner's late husband for granting pension under the Swantrata Sainik Samman Pension Scheme. Exhibit P2 is the copy of the order granting pension under the Scheme adopted by the State Government. Exhibit P3 certificate issued by the C.J.M.Court, Alappuzha stating that the records relating to P.E.No.7/122 ME are not available. Initially, the petitioner produced Exhibit P4, a copy of the Personal Knowledge Certificate(PKC) issued by one Shri Narayanan Ramankutty and Exhibits P5 and P6 are the documents like extract of the convict register and the order granting SSS pension to the certifier. But, the State Government did not recommend the application. The petitioner, W.P.(C)No.1830/08 -2- therefore, filed W.P.(C)No.29464/2005, seeking for a direction to the respondents to consider the matter and pass orders. Along with the Writ Petition, the petitioner produced Exhibit P8, a true copy of the certificate by Shri H.K.Chakrapani, dated 15.3.2007. Exhibits P9 and P10 are the documents relating to the certifier and finally by Exhibit P11, the application was rejected. It was mentioned in Exhibit P1 that the State Government's report is negative. This is under challenge in this Writ Petition. Exhibit P13 is a report made by the Tahsildar wherein it was mentioned that the deceased had participated in the Punnapra-Vayalar struggle and had went underground for a period of one year and had involved in case No.PE.7/1122 M.E. 3. This Court by an interim order dated 2.7.2010 directed the 2nd respondent to issue the Non-availability of Records Certificate and forward the recommendation to the Government of India. Along with I.A.No.14656/2010, the petitioner has produced Exhibit P15, a copy of the NARC issued by the State Government itself along with the recommendation. 4. In the light of the above, the learned counsel for the petitioner prays that the Central Government may be directed to pass fresh orders in the matter. 5. Exhibit P15 has been issued in the light of the interim order W.P.(C)No.1830/08 -3- dated 2.7.2010. In Exhibit P11 order, one of the reasons for rejection is that a valid NARC is absent and therefore the PKC cannot be considered and is not acceptable. Now that the said position has been rectified by the State Government by forwarding Exhibit P15 and that also by recommending the application, the issue will have to be reconsidered by the Central Government in the light of the additional materials now available. Therefore, Exhibit P7 is set aside. 6. There will be a direction to the Central Government to consider the matter afresh in the light of the NARC Ext.P15 issued by the State Government and the positive recommendation made by them and after considering all the documents including the Personal Knowledge Certificate produced by the petitioner from Shri H.K.Chakrapani. Appropriate final orders will be passed within a period of two months. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn