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. 33744 of 2004(P) -------------------------- PETITIONER(S): --------------- P.BALAKRISHNAN, VARUVILA PUTHEN VEEDU, KULANADA, KIZHAKKANELA P.O., PARIPPALLY, KOLLAM. BY ADV. SRI.N.DHARMADAN (SR.) SMT.R.RANJINI RESPONDENT(S): --------------- 1. UNION OF INDIA, REPRESENTED BY SECRETARY TO GOVT.OF INDIA, MINISTRY OF FREEDOM FIGHTERS DIVISION, HOME AFFAIR, GIRISH MANTRALAYAM NEW DELHI. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO THE GOVT.GENERAL ADMINISTRATION (PENSION DIVISION) SECRETARIAT, THIRUVANANTHAPURAM. R2 BY GOVERNMENT PLEADER SRI. L.G. SURESH SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1 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 ORDER NO. R.DIS. 62941/86 DATED 2.9.86 ISSUED BY THE DIST. COLLECTOR. EXT.P2 TRUE COPY OF APPLICATION DATED 3.8.1998 BY THE PETITIONER. EXT.P3 TRUE COPY OF JUDGMENT IN OP 27936 OF 2000 DATED 19.6.2003 OF THIS HON'BLE COURT EXT.P4 TRUE COPY OF THE COVERING LETTER DATED 20.8.2003 BY PETITIONER TO 2ND RESPONDENT. EXT.P5 TRUE COPY OF ORDER NO. 74266/FFP.A3/2003/GAD DATED 15.11.2003 BY 2ND RESPONDENT. EXTP6 TRUE COPY OF CO-PRISONER CERTIFICATE DATED 8.8.1985 BY SRI. VELU TO PETITIONER. EXT.P6(a) TRUE COPY OF CO-PRISONER CERTIFICATE DATED 5.8.1985 BY SRI, PAPPU TO PETITIONER. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 33744 OF 2004 -------------------------------------------- Dated this the 19th day of September, 2008 JUDGMENT Petitioner is challenging Ext.P5 whereunder the State Government has refused to recommend petitioner's case for Central Pension under the Swatantrata Sainik Samman Pension Scheme. I have heard counsel appearing for the petitioner and Government Pleader appearing for the State Government and have gone through Ext.P5. It is seen from Ext.P5 that certificates produced by the petitioner are from co-prisoners who did not have minimum period of imprisonment making them eligible to issue certificate. Moreover, the District Advisory Committee found no evidence for the petitioner's suffering in prison in accordance with the Scheme and therefore they declined to recommend petitioner's case for Central pension. Since petitioner's claim does not stand proved, petitioner's case was rightly rejected by the State Government. I do not find any ground to interfere with the same. W.P. is accordingly dismissed. (C.N. RAMACHANDRAN NAIR) Judge kk 2