IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 27TH MARCH 2009 / 6TH CHAITHRA 1931 WP(C).No. 32629 of 2005(H) --------------------------------------- PETITIONER(S): ---------------------- K.O. SEBASTIAN, KURISUNKAL HOUSE, THUMPOLY P.O., ALAPPUZHA-688 008. BY ADV. MR.K.K.SATHEESH RESPONDENT(S): ------------------------ 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS' DIVISION, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI-110 003. 2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ALAPPUZHA. R2 & R3 BY GOVERNMENT PLEADER MR.T.K.VIPINDAS R1 BY ADV. MR.BABU KARUKAPADATH,ADDL.CGSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 32629/2005-H APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT VIDE ORDER NO.R.DIS.58341/83/N4 DATED 01/09/1983. EXT.P2: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR THE GRANT OF SSS PENSION TO THE RESPONDENTS DATED 16/04/1998. EXT.P3: COPY OF THE ACKNOWLEDGEMENT RECEIPT SEALED BY THE 1ST RESPONDENT DATED 20/04/1998. EXT.P4: COPY OF THE PKC ISSUED BY SRI.SUKMARAN DATED 13/04/1998. EXT.P5: COPY OF THE REPRESENTATION DATED 18/10/2005 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P6: COPY OF THE NARC ISSUED BY THE SUPDT. OF POLICE, ALOPPUZHA DATED 03/09/2005. EXT.P7: COPY OF THE NARC ISSUED BY THE CJM COURT, ALAPPUZHA IN CASE NO.P.E.7/1122 ME. EXT.P8: COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER DULY ATTESTED DATED 18/06/1999. EXT.P9: COPY OF THE PKC ISSUED BY SRI.H.K.CHAKRAPANI DATED 04/09/2005. EXT.P10: COPY OF THE ORDER OF SANCTION OF SSS PENSION VIDE NO.119/PVS/104/99-FF (SZ) DATED 18/06/2003 ISSUED BY THE MINISTRY OF HOME AFFAIRS, LOK NAYK BHAWAN, NEW DELHI-3. EXT.P11: COPY OF THE EXTRCT OF CONVICT REGISTER OF CENTRAL PRISON, TRIVANDRUM IN RESPECT OF THE CERTIFIER SRI.H.K.CHAKRAPANI. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ s HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.32629 OF 2005 ---------------------------- DATED THIS THE 27TH DAY OF MARCH, 2009 JUDGMENT It is stated that the petitioner was a freedom fighter, who had actively participated in the Punnapra-Vaylar Movement during the freedom struggle. On account of his participation in the said struggle, an arrest warrant was issued against him by the Special Magistrate's Court, Alleppey in case No.P.E.7/1122 ME and in order to evade the arrest, he had gone underground for a period of about one year from October,1946 to November, 1947 and as such he is entitled to get the benefit of “Swatantratha Sainik Samman Pension” (SSS Pension). 2. Petitioner is a recipient of State pension. Ext.P2 is the application for SSS Pension. Ext.P4 is the personal knowledge certificate issued by the freedom fighter Sri Sukumaran, who is the recipient of both SSS pension and State pension as well as holder of 'Thamrapathra'. Since the lst respondent did not pass orders -2- W.P.(C).No.32629/2005 granting pension, the petitioner submitted a representation, which is marked as Ext.P5. Along with the representation, the petitioner also produced Non-Availability of Records Certificates (NARC) issued by the Superintendent of Police, Alappuzha and the Chief Judicial Magistrate, Alappuzha. Ext.P6 and P7 are the said certificates. Petitioner also produced Ext.P8 affidavit, and Ext.P9 personal knowledge certificate from H.K.Chakrapani. Petitioner produced Ext.P10 order of sanction of SSS pension and Ext.P11 the extract of the Convict Register of Central prison in respect of Chakrapani. 3. The petitioner at the time of filing this writ petition was 82 years old. Respondents 1 and 2 have not taken any interest in processing the application and passing timely orders. According to the petitioner, the delay in passing the orders is causing severe hardship and mental agony to him. Since the petitioner submitted all the documents necessary for sanction of SSS pension, there is no justification for the 2nd respondent not to -3- W.P.(C).No.32629/2005 forward the same to the lst respondent and the lst respondent to pass appropriate orders on Ext.P2 application. 4. In the result, there will be a direction to the 2nd respondent to forward the verification-cum-entitlement to pension report along with the recommendation to the lst respondent within a period of two months from the date of receipt of a copy of this judgment, in turn the lst respondent on receipt of the same shall pass appropriate orders within a period of two months thereafter. The petitioner is entitled to arrears of pension from the date of receipt of the application, i.e. 16/4/1998, in case he is entitled to SSS pension. Writ Petition is disposed of as above. Petitioner shall produce a copy of this judgment before the 2nd respondent immediately. HARUN-UL-RASHID, Judge. kcv.