IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 WP(C).No. 24826 of 2004(E) -------------------------- PETITIONER: -------------- P.R.BHASKARAN NAIR, PARAMESWARA VILASOM, OLAYIL, THEVALLY P.O., KOLLAM. BY ADV. SRI.C.R.SIVAKUMAR RESPONDENTS: ----------------- 1. UNION OF INDIA, REP: BY THE SECRETARY, HOME AFFAIRS, FREEDOM FIGHTERS DIVISION, LOK NAYAK BHAVAN, NEW DELHI - 110 003. 2. STATE OF KERALA, REP: BY THE COMMISSIIONER AND SPECIAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION FREEDOM FIGHTERS PENSION (FFP) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT ADVISORY COMMITTEE FOR FREEDOM FIGHTER PENSION HEADED BY THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. R1 & R3 BY ADV. SRI.P.PARAMESWARAN NAIR, CGSC R2 & R3 BY GOVERNMENT PLEADER, SMT.SMITHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC : 24826/04 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE APPLICATION FILEDBY THE PETITIONER DATED 5.3.95. EXT.P2 : TRUE COPY OF THE ORDER NO.36693/FFP-83/98/GAD DATED 29.9.00 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P3 : TRUE COPY OF THE LETTER NO.119/22/94/FF.SZ DATED 26.9.94 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P4 : TRUE COPY OF THE ORDER IN CC NO.78/122 OFCHIEF JUDICIAL MAGISTRATE COURT DATED 19.4.93. EXT.P5 : TRUE COPY OF THE CERTIFICATE ISSUED BY SRI.C.M. NINAN DATED 1.11.98. EXT.P5(A) : TRUE COPY OF THE CERTIFICATE ISSUED BY SRI.V.K.KARUNAKARAN DATED 01.09.92. EXT.P5(B) : TRUE COPY OF THE CERTIFICATES ISSUED BY SRI.P.K.BHASKARAN DATED 05.11.96. EXT.P5(C) : TRUE COPY OF THE CERTIFICATE ISSUED BY K.K.CHELLAPPAN PILLAI DATED 15.11.98. EXT.P6 : TRUE COPY OF THE NONAVAILABILITY RECORDS CERTIFICATE NO.M.267/01 DATED 15.1.02. EXT.P7 : TRUE COPY OF THE JUDGMENT IN OP NO.16686/00 DATED 2.7.03 OF THIS HON'BLE COURT. EXT.P8 : TRUE COPY OF THE ORDER NO.63202/FFP/A3/03/GAD DATED 7.10.03 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P9 : TRUE COPY OF THE ORDER NO.63202/FFP/A3/03/GAD DATED 13.11.03. /TRUE COPY/ PA TO JUDGE C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 24826 OF 2004 -------------------------------------------- Dated this the 7th November, 2008 JUDGMENT Writ Petition is filed challenging Exts.P8 and P9 order of the State Government refusing to recommend the petitioner's case to the Central Government of giving pension under Swantrata Sainik Samman Pension scheme. I heard counsel appearing for the petitioner, and Government Pleader and I have also perused the impugned orders of the Government. Petitioner's claim for pension is based on underground suffering during Feb, 1947 to August 1947. According to the petitioner, there was arrest warrant pending against him in CC No. 78/120 of the Divisional Firest Class Magistrate Court, Quilon. However, on enquiry it is found that no records are available in Court and there is nothing to indicate that the said case pertains to offences related to Freedom struggle. Besides this, certificates obtained by the petitioner frosm three persons were rejected for the reason that those who issued the certificates have not served two years minimum imprisonment in freedom struggle to entitle them to issue certificates. 2 So far as the certificate issued by one V.K. Karunakaran is conccerned, Government refused to accept the same because he is no more and in his name lot of bogus certificates are produced by the claimants after his death. Since there is no evidence to prove the petitioner's underground suffering, application was rightly turned down. W.P. C. is therefore de void of any merit and is dismissed. (C.N. RAMACHANDRAN NAIR) Judge kk 3