IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 WP(C).No. 33771 of 2009(N) -------------------------- PETITIONER: --------------- JANUAMMA.K.K, W/O. LATE BALAKURUP (FREEDOM FIGHTER), KALAMKULATH KUNIYIL HOUSE, P.O. OMCHIYAN, CHOMBALA, KOZHIKODE - 673 308. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA RESPONDENTS: --------------- 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 CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 4. THE DISTRICT COLLECTOR, COLLECTORATE, KANNUR. BY ASG SRI. T.P.M IBRAHIM KHAN GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 33771 OF 2009 -------------------------- Dated this the 24th day of November, 2009 J U D G M E N T The petitioner is the wife of late P.K.Balakurup, who was formerly employed as Police Constable in the Malabar Special Police, Malappuram. By proceedings dated 5.4.1975 issued by the District Collector, Kannur, payment of State Freedom Fighter’s Pension was sanctioned to him. He was receiving the State Freedom Fighter’s Pension thereafter. Long after State Freedom Fighter’s Pension was sanctioned, late P.K.Balakurup applied for payment of Central Freedom Fighter’s Pension. For participating in a strike, he was dismissed from service with effect from 20.4.1946 as per order dated 18.5.1946 issued by the Commandant, Malabar Special Police. In the letter sent by the State Government to the Central Government while forwarding the application submitted by Sri. K.Balakurup for Central Freedom Fighter’s Pension, it was wrongly noticed that he had resigned from service. The Government of India thereupon rejected his application on that short ground and communicated the decision to him by Ext.P2 letter dated 21.7.2000. Late P.K.Balakurup did not challenge Ext.P2 for the reason that he was bed ridden. He passed away on 28.4.2006. The petitioner thereafter moved the District Collector for payment of State Freedom Fighter’s Pension to W.P.(C) No. 33771/09 2 her. By Ext.P3 order dated 30.11. 2006, it was sanctioned. The petitioner thereafter submitted Ext.P5 representation dated 23.10.2009 to the Secretary, Ministry of Home Affairs, Freedom Fighters Division, New Delhi, requesting for payment of Central Freedom Fighter’s Pension to her. Along with Ext.P5, the petitioner produced Ext.P4 certificate issued by the Commandant, Malabar Special Police, Malappuram, certifying that her husband late P.K.Balakurup was dismissed from service and that he had not resigned from service. In this writ petition, the petitioner challenges Ex.P2 and seeks a direction to the first respondent to sanction payment of Central Freedom Fighter’s Pension to her. 2. It is evident from the pleadings that the petitioner’s husband was sanctioned payment of State Freedom Fighter’s Pension and that he was receiving the same till his death on 28.4.2006. Later, payment of State Freedom Fighter’s Pension was sanctioned to the petitioner by Ext.P3 order dated 30.11.2006. Ext.P4 discloses that the petitioner’s husband was dismissed from service and that he had not resigned from service, as wrongly noticed by the Central Government in Ext.P2 letter. For the reason that the petitioner’s husband had resigned from service, his application for Central Freedom Fighter’s Pension was rejected. A reading of Ext.P2 indicates that the State Government had informed the Central Government that he had resigned from service. In view of Ext.P3 order passed by the W.P.(C) No. 33771/09 3 District Collector, Kannur, and Ext.P4 certificate issued by the Commandant, Malabar Special Police, Malappuram, it is evident that the Central Government had proceeded on the erroneous assumption that the petitioner’s husband had resigned from service and was not dismissed from service. In my opinion, having regard to the fact that the petitioner’s husband was receiving State Freedom Fighter’s Pension and the petitioner is also receiving the same, the Central Government should consider the request made by the petitioner in Ext.P5. I accordingly dispose of this writ petition with the following directions: (i) The Secretary to Government of Kerala, General Administration Department, shall communicate the views of the State Government on Ext.P5 representation to the Government of India within one month from the date on which the petitioner produces a certified copy of this judgment before him. The Government of Kerala shall while communicating their views, have due regard to the fact that in Ext.P4 certificate issued by the Commandant, Malabar Special Police, it is certified that petitioner’s husband was dismissed from service for participating in a strike and that he was also sanctioned and paid State Freedom Fighters Pension. The State Government shall also bear in mind the fact that the petitioner is also receiving State Freedom Fighters’ pension. (ii) The Government of India shall within two months from the date of W.P.(C) No. 33771/09 4 receipt of the views of the State Government consider Ext.P5 representation and take a decision thereon. The petitioner shall, in order to enable the Government of India to take a decision in the matter, forward a certified copy of this judgment along with a copy of this writ petition complete in all aspects to the Secretary to Government, Ministry of Home Affairs, Freedom Fighters Division. The Government of India shall after a decision is taken in the matter communicate a copy thereof to the petitioner expeditiously. P.N.RAVINDRAN, JUDGE vps