IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 WP(C).No. 16911 of 2004(L) --------------------------------------- PETITIONER: ------------------- K. KUMARAN, THEKKUMTHALA VELI, MANNANCHERRY P.O., ALAPPUZHA DISTRICT. ADDL.P2 IS IMPLEADED. P2. JAGADAMMA, W/O. LATE N.KUMARAN, THEKKUMTHALA VELI, MANNANCHERRY P.O., ALAPPUZHA DT. ADDL. P2 IS IMPLEADED AS PER ORDER DT. 04.01.2008 IN IA. NO.13113/2007. BY ADV. SRI.K.K.SATHEESH 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 SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.K.R.RAJKUMAR, ADDL.CGSC SRI. AJITH KRISHNAN, ADDL.CGSC BY GOVERNMENT PLEADER SMT.T.B.RAMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.16911/2004 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE ORDER NO.H4-69489/88 DT. 23.9.88 ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA. EXT.P2:- COPY OF THE APPLICATION FOR SSS PENSION SUBMITTED BY THE PETITIONER DT. 16.4.98. EXT.P3:- COPY OF THE PKC ISSUED BY SRI.KUNJAN SUKUMARAN DT. 15.4.98. EXT.P4:- COPY OF THE NARC ISSUED BY THE CHIEF JUDICIAL MAGISTRATE COURT, ALLEPPEY. EXT.P5:- COPY OF THE AFFIDAVIT DULY ATTESTED BY THE JUDICIAL IST CLASS MAGISTRATE, RAMANKARY SUBMITTED BY THE PETITIONER DT. 8.6.99. EXT.P6:- COPY OF THE PKC ISSUED BY SRI.H.K. CHAKRAPANI DT. 23.1.2004. /TRUE COPY/ P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR, J. = = = = = = = = = = = = = = = WP(C).No.16911 OF 2004-L. = = = = = = = = = = = = = = = Dated this the 4th day of January, 2008. J U D G M E N T The late husband of the petitioner, who was the petitioner in this writ petition was expired pending the writ petition. He was a freedom fighter and had actually participated in the Punnapra Vayalar Struggle. He is a recipient of State pension also which is evidenced from Ext.P1. The Punnapra Vayalar Struggle was recognised as a part of the National Freedom Struggle by the Government of India with effect from 20.1.1998. Hence the late husband of the petitioner submitted Ext.P2 seeking pension under the Swatantrata Sainik Samman Pension Scheme. He had produced Ext.P3 personal knowledge certificate issued by Sri.Kunjan Sukumaran, Ext.P4 the non-availability of record certificate issued by the Chief Judicial Magistrate Court, Alappuzha, the affidavit sworn to by the petitioner before the Judicial First Class Magistrate Court, Ramankary Ext.P5 and Ext.P6 the personal knowledge certificate issued by Sri.H.K.Chakrapani who is also a recipient of SSS pension and a holder of Thamrapathra. The certificate WP(C).No.16911 OF 2004-L. 2 shows that Sri.H.K.Chakrapani has undergone imprisonment for more than four years. 2. The Central Government has filed a counter-affidavit stating that the State Government is yet to forward verification-cum- entitlement report recommending the case of the petitioner for pension. Therefore, the writ petition is disposed of with the following direction: The 2nd respondent is hereby directed to forward the verification- cum-entitlement report showing the recommendation to the first respondent within a period of two months from the date of receipt of a copy of this judgment. On receipt of the same along with the records, the first respondent will pass orders on the merits of the application for grant of SSS pension within a period of three months thereafter. The first respondent while considering the application will also consider the claim for grant of pension from the date of receipt of the application of the late husband of the petitioner which is dated 16.4.1998. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/