IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 13TH NOVEMBER 2008 / 22ND KARTHIKA 1930 WP(C).No. 24 of 2006(C) ----------------------- PETITIONER(S): --------------- SUNITHA, W/O. LATE B. BHASKARAN, AZHIYAKATHU HOUSE, KALARCODE WARD, SANATHANAPURAM P.O., ALAPPUZHA. BY ADV. SRI.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. ADV. SRI.MOHAN IDICULLA ABRAHAM, ADDL.CGSC FOR R1 GOVERNMENT PLEADER, SRI.P.K.RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24 of 2006(C) A P P E N D I X PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, ALAPPUZHA VIDE ORDER NO.R.DIS.23882/72 DATED 26/09/1972 EXT.P2 TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR THE GRANT OF S.S.S PENSION ALONG WITH A COVERING LETTER DATED 26/06/1981 TO THE RESPONDENTS. EXT.P3 TRUE COPY OF THE COMMUNICATION NO.26918/FFP.A2/91/GAD DATED 29/05/1993 ISSUED BY THE 2ND RESPONDENT. EXT.P4 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 06/12/2005. EXT.P5 TRUE COPY OF THE ABSCONDENCE CERTIFICATE (PKC) ISSUED BY SRI.V.K.KARUNAKARAN DATED 07/06/1981 EXT.P6 TRUE COPY OF THE ABSCONDENCE CERTIFICATE (PKC) ISSUED BY SRI.S.KUMARAN EX-MP DATED 15/02/1991 EXT.P7 TRUE COPY OF THE JAIL RECORDS I.E. EXTRACT OF THE CIVIL REGISTER AND CONVICT REGISTER OF CENTRAL PRISON, THIRUVANANTHAPURAM, ISSUED BY THE SUPERINTENDENT IN RESPECT OF SRI.V.K.KARUNAKARAN. EXT.P8 TRUE COPY OF THE LETTER NO.28274/FFP.B3/84/GAD DATED 28/03/1984 ISSUED BY THE 2ND RESPONDENT. EXT.P9 A TRUE COPY OF THE N.A.R.C ISSUED BY THE SUPERINTENDENT OF POLICE, ALAPPUZHA. \\TRUE COPY// P.A TO JUDGE T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No.24/2006-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 13th day of November, 2008. J U D G M E N T The petitioner is the widow of Sri.B.Bhaskaran who was a freedom fighter and who had actively participated in the Quit India Movement, 1942. It is stated that on account of the participation in the said struggle, an arrest warrant was issued against him by the First Class Magistrate Court, Alappuzha, in Case No.C.C.207/1117 ME, pursuant to which he went underground for a period of eight months from 09/08/1942 to 12/04/1943. The petitioner's late husband was granted pension as per the proceedings dated 26/09/1972, of the District Collector under the Kerala Freedom Fighters' Pension Scheme (Ext.P1). Ext.P2 is the copy of the application forwarded by him to the Government of India seeking for grant of Swatantrata Sainik Samman Pension. He had produced the Personal Knowledge Certificate issued by an eminent Freedom Fighter Sri.V.K.Karunakaran. A Personal Knowledge Certificate received from another freedom fighter, Sri.S.Kumaran, Ex-M.P. was also produced. By Ext.P3, the second respondent directed the late husband of the petitioner to produce original of the abscondence certificate issued by W.P.(C) No.24/2006 -:2:- Sri.V.K.Karunakaran and Sri.S.Kumaran, and copies of jail records as well as the non-availability of records certificate. Along with Ext.P4 represenation dated 06/12/2005, those details have been forwarded by the petitioner to the State Government. Ext.P5 is the abscondence certificate issued by Sri.V.K.Karunakaran and Ext.P6 is the abscondence certificate issued by Sri.S.Kumaran. Ext.P7 series are true extract of the Civil Register and Convict Register of Central Prison, Thiruvananthapuram relating to Sri.V.K.Karunakaran, the certifier. Ext.P8 is produced to show that Sri.V.K.Karunakaran had suffered imprisonment for more than five years and therefore it is contended that the certificates issued by him are acceptable. Ext.P9 is the non-availability of records certificate issued by Superintendent of Police, Alappuzha. 2. The first respondent has filed a counter affidavit explaining the details of the scheme further pointing out that the application of the petitioner along with the mandatory non-availability of records certificate of the State Government have not been received by the Ministry so far. 3. In view of the fact that the second respondent has not forwarded the verification-cum-entitlement report there will be a direction to the second respondent to forward the application (Ext.P2) and other W.P.(C) No.24/2006 -:3:- documents along with verification-cum-entitlement report showing appropriate recommendation to the first respondent within a period of three months for their consideration. On receipt of the same, the first respondent will pass final orders within a further period of two months thereafter. In the event of sanction of pension, the claim for arrears of pension from the date of Ext.P2 i.e. 26/06/1981 will also be considered by the first respondent. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms