IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 WP(C).No. 25907 of 2009(G) -------------------------- PETITIONER(S): --------------- JANARDHANAN,AGED 82,KANIYAMVELI VEEDU, ARYAD NORTH.P.O,ALAPPUZHA. BY ADV. SRI.J.OM PRAKASH 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,DEPARTMNT OF GENERAL ADMINISTRATION,SECRETARIATE, THIRUVANANTHAPURAM. ADV. SRI. T.P.M. IBRAHIM KHAN FOR R1 GOVT. PLEADER SRI. M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 25907/2009. ------------------------------------------------------------------ EXT.P1 TRUE COPY OF APPLICATION DT. 30-4-1998. EXT.P2 STATE PENSION ORDER DT. 15-6-1987. EXT.P3 COPY APPLICATION. EXT.P4 CERTIFICATE DT. 28-4-1998. EXT.P5 EXTRACT OF CONVICT REGISTER. EXT.P6 ORDER OF DY. SECRETARY. EXT.P7 CERTIFICATE DT. 19-1-2006 EXT.P8 CENTRAL PENSION ORDER DT. 18-6-2003. EXT.P9 CONVICT REGISTER. EXT.P10 ORDER DT. 16-5-2006. EXT.P11 ORDER DT. 31-10-2007. EXT.P12 REPORT OF TAHSILDAR DT. 22-2-1985. EXT.P13 JUDGMENT IN W.P.C. NO. 2434/2007. EXT.P14 LETTER DT. 4-11-2008 EXT.P15 ORDER DT. 5-2-2009. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 25907 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 11th day of August, 2010. J U D G M E N T The petitioner claims to be a freedom fighter. He applied for pension under the Swatantrata Sainik Samman Pension Scheme of the 1st respondent, producing personal knowledge certificates from two freedom fighters who have undergone the required period of jail suffering in the freedom struggle for being an eligible certifier under the scheme certifying that the petitioner had underground suffering during the Punnapra-Vayalar freedom struggle, along with a non- availability of records certificate (NARC) from the concerned Magistrate's court before which court, the criminal case was filed pursuant to which the petitioner went underground. That application has been rejected by Ext. P15 order, which is under challenge before me. According to the petitioner, the only ground stated in Ext. P15 order to reject the petitioner's claim for pension is that the NARC from the State Government does not contain all the ingredients prescribed for the same. 2. I have heard the learned Assistant Solicitor General also, who opposes the prayers of the petitioner. 3. I have considered the rival contentions in detail. 4. In Ext. P15, the reasons stated for rejecting the claim of the petitioner are as follows: “3. After examination of the claim of underground suffering of late Shri Janardhanan, it is found that he is not eligible for grant of pension under the SSS Pension Scheme due to the following shortcomings/discrepancies: i. The petitioner has claimed underground suffering but has not furnished any primary documentary evidence in support of the same. ii. The petitioner has not furnished a valid Non Availability of Records Certificate (NARC) from the State W.P.C. No. 25907/09 -: 2 :- Government (ie., the competent authority) containing all the ingredients prescribed therein. iii. In the absence of valid NARC, the secondary evidence in the form of Personal Knowledge Certificates (PKCs) from S/Sh. H.K. Chakrapani and Kunjan Sukumaran are not acceptable. iv. The State Government has not recommended the claim of the petitioner in terms of the provisions of the SSSP Scheme. The State Government have simply forwarded various reports from field officers without making any specific recommendations therein. 4. In view of the above, the claim of the petitioner does not meet the eligibility criteria and evidentiary requirements of the SSS Pension Scheme, 1980. It is, therefore, regretted that it is not possible to accept the claim for grant of Samman pension under the Swatantrata Sainik Samman Pension Scheme. Hence, the same is, hereby, rejected. The petitioner may be informed of the decision accordingly.” From the same, it is clear that the only objection of the 1st respondent is that “the petitioner has not furnished a valid NARC from the State Government containing all ingredients prescribed therein. “ I have in several writ petitions held that what an applicant for SSS Pension is required to do is to produce a NARC from the concerned court where the criminal case pursuant to which the freedom fighter had gone underground, had been registered. The production by the petitioner of Ext. P3 certificate from the Chief Judicial Magistrate, Alappuzha is not disputed before me. That is a certificate from the Magistrate to the effect that the records of the year 1122 in which year PE7/1122 of the Special Court, Alleppey has been registered have already been destroyed and therefore the application for copy of the records of that case is rejected. The petitioner's claim and the personal knowledge certificate are to the effect that the petitioner had gone underground pursuant to registration of criminal case no. PE7/1122(M.E). That NARC is sufficient compliance with the rules under the SSS Pension W.P.C. No. 25907/09 -: 3 :- Scheme. Even apart from that, as is clear from Ext. P15 order itself, the State Government had forwarded a non-availability of record certificate in respect of the petitioner. The petitioner cannot be expected to go around all Government offices in Kerala and obtain certificates to the effect that in all those offices, there are no records relating to the case of the petitioner. He has already done what he could possibly do in the circumstances. Even otherwise, this Court and the Supreme Court have repeatedly held that when freedom fighters are expected to produce certificates from Government offices, the Government themselves should obtain the same. In the above circumstances, the reasons stated in Ext. P15 is not at all sufficient to reject the claim of the petitioner. Accordingly, Ext. P15 is quashed. The 1st respondent is directed to grant pension under the Swatantrata Sainik Samman Pension Scheme to the petitioner. Arrears from the date of application shall paid to the petitioner within two months from the date of receipt of a copy of this judgment. The writ petition is allowed as above. Sd/- S. Siri Jagan, Judge. Tds/