IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 8TH NOVEMBER 2010 / 17TH KARTHIKA 1932 WP(C).No. 3788 of 2009(A) ------------------------- PETITIONER: --------------- V.C. VASUMATHY, S/O. P.K. PAREMESWARAN, AGED 64, POLLAYIL HOUSE, KADAKKARAPPALLY P.O., CHERTHALA. 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 OFKERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURM. ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDIA FOR R1 GOVT.PLEADER SMT.SUDHA DEVI FOR R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.3788/09 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF APPLICATION OF THE PETITIONER DATED 19.6.98. EXT.P2: TRUE COPY OF THE STATE PENSION ORDER DATED 29.6.1972 ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA TO THE HUSBAND OF THE PETITIONER. EXT.P3: TRUE COPY OF THE CONVICT REGISTER RELATING TO THE HUSBAND OF THE PETITIONER ISSUED BY THE SUPERINTENDENT OF CENTRAL PRISON, THIRUVANANTHAPURAM DATED NIL. EXT.P4: TRUE COPY OF THE A.D.CARD ISSUED BY THE DEPUTY SECRETARY, GOVERNMENT OF INDIA, DATED 22.6.98. EXT.P5: TRUE COPY OF THE LETTER OF THE DISTRICT COLLECTOR DATED 1.8.02. EXT.P6: TRUE COPY OF THE LETTER OF THE JOINT SECRETARY TO GOVERNMENT OF INDIA DATED 7.4.03. EXT.P7: TRUE COPY OF REPRESENTATION OF THE PETITIONER DATED 15.12.2008. EXT.P8: TRUE COPY OF THE A.D.CARD OF THE 2ND RESPONDENT DATED 23.12.08. EXT.P9: TRUE COPY OF THE LETTER DATED 2.5.08 OF THE ADDITIONAL CHIEF SECRETARY. EXT.P10: TRUE COPY OF THE REPRESENTATION OF THE PETITIONER DATED 23.1.2010. EXT.P11: TRUE COPY OF ORDER DATED 31.3.2010. EXT.P12: TRUE COPY OF LETTER ISSUED TO ADV.J.OMPRAKASH DATED 15.6.10. EXT.P13: TRUE COPY OF THE APPLICATION DATED 18.6.98. EXT.P14: TRUE COPY OF THE REPORT OF THE TAHSILDAR, SHERTALLAY DATED NIL. EXT.P15: TRUE COPY OF THE REPRESENTATION DATED 17.9.2010 OF THE PETITIONER. TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.3788 Of 2009 ----------------------------------------------------- DATED THIS THE 8th DAY OF NOVEMBER, 2010 J U D G M E N T The petitioner is the widow of late Shri P.K.Parameswaran and is an applicant for sanction of pension under the Swantrata Sainik Samman Scheme (SSS Scheme). 2. This is a case where, by Exhibit P9, the State Government informed the Central Government that the Convict Register shows the case number as C.C.No.2/1950 and it is not known whether the case is connected with the Punnapra-Vayalar struggle or not. 3. It appears that in the application, the period of imprisonment was shown differently, i.e., from January 1947 to January, 1948. Exhibit P3 is the true copy of the Convict Register which shows that Shri Krishnan Parameswaran was admitted to jail on 1.3.1950, after having been convicted in C.C.No.2/1950 of 1st Class Magistrate, Cherthala. The sentence was for one year simple imprisonment. The date of expiry of sentence is 27.1.1951. He was released on 3.1.1951 on expiry of sentence after earning remission. The offence for which imprisonment was W.P.(C)No.3788/09 -2- imposed is Section 9(a) read with Section 5 of Ordinance V. According to the petitioner, the conviction is in connection with the participation in the Punnapra-Vayalar struggle. 4. The learned counsel for the petitioner submitted that while filling up the application, an error has occurred in mentioning the period of imprisonment as January 1947 to January 1948 as well as the case number and the name of the Court. It is also pointed out that the petitioner is an illiterate lady and she had obtained the assistance of others for filling up the application and while preparing the application, these mistakes occurred. Even though a Review Petition was filed, that was also rejected as per Exhibit P11 reiterating the same stand. 5. It is pointed out that the petitioner's husband was a recipient of pension under the Kerala Freedom Fighter's Pension Scheme and a true copy of the order has been produced as Exhibit P2. The District Collector sanctioned pension as per proceedings dated 29.2.1972. Exhibit P14 is a copy of the report of the Tahsildar which was forwarded in connection with the application for State pension. Therein, Column No.7 shows that the application is recommended subject to the proof of imprisonment. There is a note made by the District Collector, W.P.(C)No.3788/09 -3- which reads as follows: “Sanctioned. He is item No.25 in the police list. Take certificate from IG of Prison. Sd/- 23.2.2002”. It is pointed out by the learned counsel for the petitioner that this will support the case of the petitioner and it can be seen from the report itself that the Tahsildar was of the opinion that the applicant had participated in the Punnapra-Vayalar struggle and had undergone imprisonment for one year. It is stated that the same could not be furnished on earlier occasions and it was obtained only recently under the Right to Information Act. 6. It is submitted that the petitioner has moved the Government already by filing Exhibit P15 representation to reconsider the matter. 7. If the aspects pointed out by the petitioner are correct, then the relevant entries in the application will have to be corrected. The petitioner seeks for an opportunity before the Government to file a further representation for correction of the application form and to put the correct details with regard to the case number, name of Court and period of imprisonment. 8. If an appropriate representation is filed by the petitioner along with a copy of Exhibit P14, the Government will W.P.(C)No.3788/09 -4- call for the original files leading to the grant of State pension, namely Exhibit P2 and peruse the files especially with regard to the original of Exhibit P14 and then reconsider the application. If it is seen that the particulars claimed by the petitioner are correct, then the Government will allow the petitioner to correct the wrong entries in the application. After doing the needful, the Government will forward a report to the Central Government along with appropriate recommendation. Since it is a case wherein the petitioner is relying upon primary evidence, all the aspects will be verified by the Government, including the submission of the petitioner that persons similarly placed have been granted pension. The needful will be done by the State Government within a period of two months. Based on the report of the State Government, the 1st respondent will process the application and pass appropriate orders within a further period of three months. The Writ Petition is disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge