IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 WP(C).No. 267 of 2007(F) ------------------------ PETITIONER(S): --------------- N.GOPALAN, CHOORAPATTIL VEEDU, CHENGAMANAD P.O., KOTTARAKARA, KOLLAM. BY ADV. SRI.PREMCHAND R.NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIATE, THIRUVANANTHAPURAM. 2. UNION OF INDIA, REPRESENTED BY ITS PRINCIPAL SECRETARY, NEW DELHI. 3. THE DEPUTY SECRETARY, GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS DIVISION, NEW DELHI. 4. THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. ADV. SRI.GEORGE JOSEPH, ADDL.CGSC FOR R2,3 SRI. AJITH KRISHNAN, ADDL. C.G.S.T. GOVT. PLEADER SRI. M.A. ASIF. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2010, THE COURT, ON THE SAME DAY, DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C. NO. 267/2007 ----------------------------------------------------------------- EXT.P1 TRUE COPY OF CERTIFICATE DT. 25-1-1981. EXT.P2 REPRESENTATION DT. 23-8-1996. EXT.P3 COMMUNICATION DT. 2-1-1998. EXT.P4 REPRESENTATION DT. 20-1-1998. EXT.P5 REPRESENTATION DT. 23-5-2005. TRUE COPY P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 267 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 2nd day of June, 2010. J U D G M E N T The petitioner claims to be a freedom fighter. He applied for pension under the Swanthrata Sainik Samman Pension Scheme. That has been rejected by Ext. P3 order. The petitioner challenges Ext. P3 order seeking the following reliefs: “(i) Issue a writ of mandamus, or such other writ, order or direction directing respondents to reconsider the application submitted by the petitioner in the year 1982, and grant the pensional benefits of freedom fights to the petitioner. (ii) Issue a writ of certiorari, or such other writ, order or direction to quash Ext. P3 order. (iii) Declare that the petitioner is a freedom fighter. (iv) Declare that the petitioner is entitled to all rights, privileges, pension benefits and other benefits due to a freedom fighter.” 2. Under the SSS Pension Scheme, to enable the Central Government to consider the claim of the petitioner, the State Government has to consider the claim and recommend the same. Respondents 2 and 3 would contend that the State Government has not recommended the petitioner's claim. The 1st respondent has filed a counter affidavit stating that the petitioner has not produced the relevant certificates proving his jail sufferings viz. co-prisoner's certificates in the prescribed form with a non-availability of records certificate. Instead, he has produced Ext. P1 letter from one D. Damodaran Potti in his letter pad stating that the petitioner is a freedom fighter. Therefore, according to the State Government, the petitioner has not proved his jail sufferings in accordance with the scheme for becoming eligible for freedom fighters pension. 3. I have considered the rival contentions in detail. 4. Even along with this writ petition, the petitioner has not W.P.C. No. 267/2007 -: 2 :- produced the relevant documents, which would enable him to claim pension. As per the scheme applicable, the petitioner has to prove his sufferings through co-prisoners who have more than one year's jail suffering. The petitioner has not been able to produce even one. That being so, I do not think that the respondent could consider the petitioner's claim favourably. Accordingly, this writ petition is dismissed. Sd/- S. Siri Jagan, Judge. Tds/