IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 10518 of 2005(B) -------------------------------------- PETITIONER: ------------------- SUJATHA W/O. LATE C.K.PADMANABHAN, SUNIMANDIRAM, PATTANAKKAD P.O., CHERTHALA, ALAPPUZHA DISTRICT. BY ADVS. SRI.K.K.SATHEESH, SRI.JOSHY THOMAS. RESPONDENTS: ----------------------- 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. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. R2 BY GOVT. PLEADER SRI. SHYSON P. MANGUZHA, R1 BY SRI.P.PARAMESWARAN NAIR,ASST.S.G. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.10518/2005-B: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE FIR IN CRIME NO.24/122 ME OF THE CHERTHALA POLICE STATION. EXT.P.2: COPY OF THE EXTRACT OF REGISTER OF UNDERTRIAL PRISONERS OF CENTRAL PRISON, TRIVANDRUM ISSUED BY THE SUPDT. EXT.P.3: COPY OF THE ORDER NO. R. DIS.7994/83/N4 DT. 07/02/1983 ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA. EXT.P.4: COPY OF THE APPLICATION FOR THE GRANT OF SSS PENSION SUBMITTED BY THE PETITIONER TO THE RESPONDENTS DTD. 28/07/1998. EXT.P.5: COPY OF THE NARC ISSUED BY THE SUPDT. OF SUB JAIL, ALAPPUZHA DT. 03/08/1998. EXT.P.6: COPY OF THE LETTER NO. H2.23012/02/D. DIS (SR.1392/98) DT. 01/08/2002 ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA TO THE PETITIONER. EXT.P.7: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DTD. 07/02/2005. EXT.P.8: COPY OF THE CO-PRISONER CERTIFICATE ISSUED BY SRI.P.A. SOLOMON EX- MP DTD. 13/12/2004. EXT.P.9: COPY OF THE LETTER NO. 52/CC/KER/20/2001-FF (SZ) DTD. 28/01/2004 ISSUED BY THE R.1. TO THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. HARUN-UL-RASHID, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 10518 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of January, 2009 JUDGMENT The writ petition is filed for the following among other reliefs: “i) declare that petitioner is entitled to get the benefit of SSS Pension due to her late husband; ii) issue a writ of mandamus or other appropriate writ, direction or order compelling the 2nd respondent to recommend the petitioner's claim for the grant of SSS Pension alongwith their verification-cum-entitlement to pension report to the 1st respondent, and on receipt of the same the 1st respondent may also be directed to grant the benefit of dependent family pension under the SSS Pension Scheme to the petitioner within a stipulated time; iii) issue any other appropriate writ, direction or order which this Hon'ble Court may deem fit and proper in the nature and circumstances of the case.” 2. The case of the petitioner is that her deceased husband was a freedom fighter who had active participation in the Punnapra- Vayalar Movement during the freedom struggle. It is averred that he W.P.(C)No.10518 OF 2005 -:2:- had undergone the undertrial imprisonment in the police station lock-up at Alappuzha for a period of one year, one month and sixteen days and thereafter in the Central Prison, Thiruvananthapuram for a period of three months and twenty three days, till he was acquitted by the Additional Sessions Judge. Ext.P2 is the true extract of the register of undertrial prisoners of Central Prison, Thiruvananthapuram. Ext.P3 is the order granting State Pension. Ext.P4 is the application submitted by the petitioner for the grant of Swatantra Sainik Samman Pension (for short SSS). 3. Ext.P6 order of the State Government is under challenge. Two reasons are stated for not forwarding her application for the grant of SSS pension. Her late husband Sri.Padmanabhan had suffered imprisonment for a period of less than six months and his undertrial sufferings did not end in conviction. 4. The learned counsel for the petitioner submitted that the deceased Padmanabhan belongs to Scheduled Caste Community. Ext.P10 is the certificate issued by the Tahsildar, Cherthala, certifying that Padmanabhan belongs to Scheduled Caste Community. Ext.P2 undertrial register also shows that the deceased W.P.(C)No.10518 OF 2005 -:3:- Padmanabhan is a Hindu-Velan, which is a Scheduled Caste category. The learned counsel also refers to paragraph 4 (b) of the SSS Pension Scheme, 1980, which is extracted as follows: “(b) The minimum period of actual imprisonment for eligibility of pension has been reduced to three months, in case of women and SC/ST freedom fighters from 01.08.80.” 5. The question was directly answered by a Full Bench of this Court in Union of India V. Peter Devassia [2003 (1) KLT 467]. This court held that the imprisonment for six months in jail as undertrial prisoner can be counted for computing freedom fighters pension. This Court also held that the trial need not end in conviction. Sub Section b of Clause 4 of the Scheme read with the decision of the Full Bench of this Court makes the matter very clear. Therefore, there will be a direction to the State Government to forward the application along with recommendation of the State Government for the grant of SSS Pension. The application with the recommendation shall be forwarded within a period of one month from today and the 1st respondent shall consider and pass appropriate orders within a period of two months thereafter. In the event of sanction of Pension, W.P.(C)No.10518 OF 2005 -:4:- it is made clear that the applicant is entitled to arrears from the date of filing of the application, i.e., 28.07.1998. Writ Petition is disposed of as above. (HARUN-UL-RASHID, JUDGE) ttb