IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 29893 of 2005(H) ------------------------------------------ PETITIONER: ---------------------- SARADA SADANANDAN, W/O. LATE K. SADANANDAN, KODIVEEDU PURAYIDOM, KANJIRAMCHIRA WARD, ALAPPUZHA-7. BY ADV. SRI.K.K.SATHEESH RESPONDENTS: ----------------------- 1. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS' DIVISION, NEW DELHI-110 003. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRTARIAT, THIRUVANANTHAPURAM. ADV. SRI.C.M.NAZAR FOR R1 GOVERNMENT PLEADER SRI.MATHEW GEORGE VADAKKAL FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.29893/2005 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE PROCEEDINGS OF THE DIST. COLLECTOR, ALAPPUZHA VIDE ORDER NO.H4.97660/88 DT. 27.12.88. P2:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DT. 18.4.98 FOR SSS PENSION. P3:- COPY OF THE PKC ISSUED BY SRI.KUNJAN SUKUMARAN DT. 12.4.1998. P4:- COPY OF THE COMMUNICATION NO.H3-305/98/S.R DT. 11.7.01 ISSUED BY THE DIST. COLLECTOR, ALLEPPEY. P5:- COPY OF THE NARC ISSUED BY THECJM COURT, ALAPPUZHA. P6:- COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER DT. 27.7.01. P7:- COPY OF THE PKC ISSUED BY SRI. NARAYANAN RAMANKUTTY DT. 12.6.01. P8:- COPY OF THE JUDGMENT DT. 8.4.03 PASSED BY THIS HONOURABLE COURT IN OP. NO.4529/03. P9:- COPY OF THE COMMUNICATION NO.45313/FFP.A2/2003/GAD DT. 4.7.03 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P10:- COPY OF THE COMMUNICATION NO.52/CC/K/26/2003-FF(SZ) DT. 29.7.03 ISSUED BY THE IST RESPONDENT. P11:- COPY OF THE REPRESENTATION DT. 17.8.05 SUBMITTEE BY THE PETITIONER TO THE 2ND RESPONDENT. P12:- COPY OF THE NARC ISSUED BY THE CJM COURT, ALAPPUZHA. P13:- COPY OF THE PKC ISSUED BY SRI.H.K.CHAKRAPANI DT. 3.7.05. /TRUE COPY/ P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C).No.29893/2005-H - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of October, 2008. JUDGMENT Aggrieved by the delay in disbursement of the pension under the Swatantrata Sainik Samman Pension Scheme, the petitioner has filed this writ petition. She is the widow of Late K.Sadanandan who had actively participated in the Punnapra-Vayalar Movement during the Freedom Struggle. It is stated that on account of his active participation, an arrest warrant was issued against him by the Special Court, Alappuzha in Case No.PE 7/1122 ME and in order to evade his arrest, he had gone underground from October 1946 to May 1947. He was granted the benefit of Kerala Freedom Fighters' Pension. True copy of the said proceedings issued by the District Collector, Alappuzha is produced Ext.P1. After his death on 13/04/1995, the petitioner is getting the family pension under the said scheme. Ext.P2 is the application for grant of S.S.S Pension. The Personal Knowledge Certificate, Ext.P3, produced is that of Sri.Kunjan Sukumaran. The District Collector, Alappuzha, as per Ext.P4 directed the petitioner to produce various documents. In reply, the petitioner produced the documents, namely, Non-availability of Records Certificate issued by W.P.(C).No.29893/2005 -:2:- the Chief Judicial Magistrate, Alappuzha, Ext.P5; affidavit duly attested by the Judicial First Class Magistrate, Alappuzha, Ext.P6; Personal Knowledge Certificate issued by Sri.Narayanan Ramankutty, Ext.P7 etc. Since delay occurred in the matter, this Court by Ext.P8 judgment directed the authorities to take appropriate action expeditiously. She was issued Ext.P9 communication informing that the application has been forwarded after due enquiry to the Government of India. Ext.P10 is the reply given by the Government of India informing that the application stands rejected. It is stated that the District Collector did not recommend the claim and, consequently the State Government has not recommended it. The reasons stated include non production of documentary evidence in support of the claim and non-acceptability of the Non-Availability of Records Certificate. Again the petitioner submitted Ext.P11 representation before the Government of Kerala wherein fresh materials have been produced by way of Non-Availability of Records Certificate issued by the Chief Judicial Magistrate, Alappuzha and Personal Knowledge Certificate issued by Sri.H.K.Chakrapani, a prominent freedom fighter. They have been produced herein as Exts.P12 and P13. 2. In view of the fact that the petitioner has sought for reconsideration of the matter by the State Government in the light of the additional materials produced by way of Personal Knowledge W.P.(C).No.29893/2005 -:3:- Certificate issued by Sri.H.K.Chakrapani and the Non-Availability of Records Certificate of the Chief Judicial Magistrate, Alappuzha, I feel it proper to direct the second respondent to consider Ext.P11 along with the documents mentioned therein and the other documents already produced and to forward fresh verification-cum-entitlement report showing appropriate recommendation to the first respondent within a period of two months on receipt of a copy of the judgment. On receipt of the said report, the first respondent will consider it and pass fresh orders. Ext.P10 will not be treated as final, and fresh consideration of the application shall be made, untrammelled by the findings rendered therein. The same shall be done within a further period of three months from the date of receipt of the report from the State Government. Ultimately, if pension is sanctioned, the entitlement for arrears from the date of receipt of the application Ext.P2 dated 18/04/1998 will also be considered. The writ petition is allowed as above. No costs. (T.R. RAMACHANDRAN NAIR, JUDGE) ms