IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 14TH DECEMBER 2009 / 23RD AGRAHAYANA 1931 WP(C).No. 32334 of 2009(J) -------------------------------------- PETITIONER: ------------------- V. PRABHAKARAN NAIR, E3/133, ANJALI, C.H. COLONY, VELLIMADUKUNNU, P.O. MARYKKUNNU, KOZHIKODE DISTRICT. BY ADV.MR.C.P.MOHAMMED NIAS. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT., GENERAL ADMIISTRATION (FFB) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOZHIKODE. R1 & R2 BY GOVERNMENT PLEADER MR. V. MANU. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.32334/2009-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF AN ARTICLE BY AN EMINENT FREEDOM FIGHTER SRI. K.P. MUHAMMED IN A COMMEMORATIVE SOUVENIR PUBLISHED BY THE MALABAR COMMITTEE OF THE FREEDOM FIGHTERS ASSOCIATION IN 1972. EXT.P.2: COPY OF THE CERTIFICATE DTD. 07/10/01 ISSUED BY SRI. V.M. GOVINDAN NAMBISSEN. EXT.P.3: COPY OF THE CERTIFICATE DATED 08/02/2001 ISSUED BY SRI. P.V. VIJAYAN NAMBIAR. EXT.P.4: COPY OF THE LETTER DTD. 15/12/2001 ISSUED BY THE C.I. OF POLICE, PAYYANUR. EXT.P.5: COPY OF THE ORDER DTD. 21/01/2002 OF THE R.2. EXT.P.6: COPY OF THE ORDER DTD. 24/03/2002 OF THE R.1. EXT.P.7: COPY OF THE PERSONAL KNOWLEDGE CERTIFICATE DTD. 23/05/02 ISSUED BY SRI. P.K. KRISHNAN. EXT.P.8: COPY OF THE PERSONAL KNOWLEDGE CERTIFICATE DTD. 20/07/02 ISSUED BY SRI. K. NARAYANAN. EXT.P.9: COPY OF THE LETTER DTD. 01/07/2002 ISSUED BY THE R.D.O. THALASSERY. EXT.P.10: COPY OF THE ORDER DTD. 21/12/2002 OF THE R.1. EXT.P.11: COPY OF THE ORDER DTD. 04/07/2003 OF THE R.1. EXT.P.12: COPY OF THE JUDGMENT DTD. 13/03/2006 IN W.P(C).NO.37333/2003. EXT.P.13: COPY OF THE LETTER DTD. 03/07/2006 OF THE PETITIONER TO THE R.2. EXT.P.14: COPY OF THE ORDER DTD. 26/08/2006 OF THE R.1. EXT.P.15: COPY OF THE JUDGMENT DTD. 05/02/2009 IN W.P.(C).NO.29651/2006. EXT.P.16: COPY OF THE ORDER DTD. 14/08/2009 OF THE R.1. EXT.P.17: COPY OF THE LETTER NO. M/2.15156/09 OF THE R.2. TO THE R.1. EXT.P.18: COPY OF THE LETTER DTD. 04/08/2009 OF THE R.2. TO THE R.1. EXT.P.19: COPY OF THE NEWS ITEM THAT APPEARED IN MALAYALA MANORAMA DAILY DTD. 27/05/2007. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.32334 OF 2009 ------------------------------------------- Dated this the 14th day of December, 2009 JUDGMENT The petitioner, a senior citizen, claims that he was actively associated with the Freedom Movement. Ext.P15 judgment was issued taking note of the relevant facts. The petitioner had played a prominent role in mobilising student force in the Quit India Movement and his activities commenced from his school days. This Court, in issuing Ext.P15, had also taken note of the plea that even in a commemorative souvenir published by the Malabar Committee of the Freedom Fighters' Association in 1972, in connection with the silver jubilee of Indian Independence, the petitioner's life as a fighter was mentioned. Ext.P15 judgment was issued quashing the decision challenged in that writ petition and directing that fresh orders shall be passed. This Court essentially wanted the department to take a pragmatic view rather than wait on any technicalities. Thereafter, the impugned Ext.P16 has been issued by the WPC.32334/09 2 Government rejecting the claim of the petitioner for pension in terms of the Kerala Freedom Fighters' Pension Rules, 1971. The fact of the matter remains that Ext.P16 has been issued stating that the District Collector has not recommended the petitioner's application, though he had offered his remarks in the light of the judgment. However, Ext.P18 shows that on 4.8.09, the District Collector had written to the Principal Secretary in the General Administration (FFPB) Department stating that the documents, as submitted by the petitioner, are being forwarded for favourable action. The connected file was also submitted. However, it appears that Ext.P18 and the documents Exts.P8 and P9 made available along with the file, have not been considered. The originals of those documents were not made available by the District Collector. But having regard to the indisputable fact which emanated out of the materials on record, including those referred to in Ext.P18, the petitioner has clearly demonstrated that he is entitled to pension as sought for by him. The object of the pension scheme is to honour the Freedom Fighters and to WPC.32334/09 3 mitigate their sufferings and a liberal approach ought to be adopted rather than a technical one. For the aforesaid reasons, Ext.P16 is quashed and it is directed that the petitioner shall be granted Freedom Fighter's pension in terms of the Kerala Freedom Fighters' Pension Rules, 1971 and such pension amounts shall be released at the earliest, in accordance with law. The writ petition is allowed accordingly. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge. kkb.15/12.