IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 29201 of 2005(B) ----------------------------------------- PETITIONERS: ----------------------- K. BHYMI, W/O. LATE P.K. KUNJUNNY, KUTTUVEETTILCHIRA HOUSE, MARARIKULAM NORTH VILLAGE, KANICHUKULANGARA P.O., CHERTHALA TALUK, ALAPPUZHA DISTRICT. BY ADV. SRI.K.K.SATHEESH RESPONDENTS: ------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS' DIVISION, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-110 003. 2. STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ALAPPUZHA. ADV. SRI.C.S.MANILAL ACGSC FOR R1 GOVERNMENT PLEADER SRI.MATHEW GEORGE VADAKKEL FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.29201/2005 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER NO.R.DIS. 17061/74 DT. 30.4.1974 ISSUED BY THE 3RD RESPONDENT. P2:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR THE GRANT OF SSS PENSION DT. 30.4.1998. P3:- COPY OF THE PKC ISSUED BY SRI,. KUNJAN SUKUMARAN DT. 30.4.98. P4:- COPY OF THE LETTER NO.H2-584/98 DT. 15.10.01 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. P5:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DT. 23.8.2005 TO THE 3RD RESPONDENT. P6:- COPY OF THE NARC ISSUED BY THE SUPDT. OF POLICE, ALAPPUZHA DT. 11.8.05. P7:- COPY OF THE NARC ISSUED BY THE CJM COURT, ALLEPPEY. P8:- COPY OF THE AFFIDAVIT SUBMITTED BY THE PETITIONER DULY ATTESTED BY THE JUDICIAL IST CLAS MAGISTRATE-I, ALAPPUZHA DT. 10.3.99. P9:- COPY OF THE ORDER NO.10168/92/H4 DT. 23.5.92 ISSUED BY THE 3RD RESPONDENT GRANTING STTE PENSION TO THE PETITIONER. P10:- COPY OF THE PKC ISSUED BY SRI. H.K.CHAKRAPANI DT. 8.8.05. /TRUE COPY/ P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.29201/2005-B ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 6th day of October, 2008. JUDGMENT The substantial prayer made in the writ petition is for a declaration that the petitioner is entitled to get Swatantrata Sainik Samman Pension and for a direction to respondents 2 and 3 to forward their verification-cum-entitlement report to the first respondent and for a direction to the first respondent to grant benefit of pension as claimed for. 2. Ext.P2 is the application filed by the petitioner for S.S.S Pension in the light of the underground sufferings of the late husband of the petitioner who had participated in the Punnapra-Vayalar struggle. He was granted pension by the District Collector under the Kerala Freedom Fighters Pension Scheme as per Ext.P1. Along with Ext.P2, the petitioner has furnished the Personal Knowledge Certificate from Sri.Kunjan Sukumaran, a prominent Freedom Fighter. She was asked to produce further documents as per Ext.P4. Subsequently, along with Ext.P5, she has produced non-availability of records certificate issued by the Superintendent of Police, Alappuzha, and by the Chief Judicial Magistrate Court, Alappuzha (Exts.P6 and W.P.(C) No.29201/2005 -:2:- P7). This is further supported by the Personal Knowledge Certificate issued by Sri.H.K.Chakrapani, a prominent Freedom Fighter who had undergone imprisonment for a period of more than five years and who was also the recipient of S.S.S Pension and holder of Thamrapathra. Ext.P10 is the Personal Knowledge Certificate issued by Sri.H.K.Chakrapani. It is stated that the certificate showing the competency of the Certifier is also produced. 3. The State Government has filed a counter affidavit. A reading of the counter affidavit shows that the claim was not recommended for want of copies of official records, non-acceptability of the non-availability of records certificates etc. It is stated that there is some discrepancy between the period of sufferings claimed in the Kerala Freedom Fighters Pension application and the application for S.S.S Pension. In paragraph (8) it is admitted that the State's Freedom Fighters Pension was sanctioned on the recommendation of the District Advisory Committee. Therefore, at any rate, the genuineness of the claim cannot be disputed and the question is whether the documents produced by the petitioner can be accepted or not. It is stated in the counter affidavit that they have forwarded the application of the petitioner with the verification report as per Government letter No.92729/FFP A2/2005/GAD dated 25/01/2006. W.P.(C) No.29201/2005 -:3:- No final orders have been passed by the Central Government for want of recommendation by the State Government. 4. The learned counsel for the petitioner invited my attention to a decision of this Court in Sadananda Swamy v.Union of India [2004(2) KLT SN Pg.76 Case No.92] wherein it was held as follows:- “What the relevant rule requires is that in the case of underground sufferings abscondence certificates from prominent veteran freedom fighters along with non- availability of record certificate from the concerned authorities ought to be produced. The insistence that the certifiers themselves should given meticulous details such as case number etc. is adopting too technical an attitude which is unwarranted. As already indicated NARC itself becomes necessary because of total absence of records. In such a situation taking a lenient view one can only go by the consistent pleading of the petitioner that the case relates to freedom movement.” 5. In the light of the above, it requires a proper verification- cum-entitlement report to be forwarded to the Central Government. Therefore, ignoring the letter dated 25/01/2006, the State Government will forward a fresh verification-cum-entitlement report W.P.(C) No.29201/2005 -:4:- after considering the various documents including the non-availability of records certificates (Exts.P6 and P7) and the personal knowledge certificate (Ext.P10), showing the appropriate recommendation, within a period of six weeks from the date of receipt of a copy of this judgment. The final decision will have to be taken by the Central Government on merits. The Central Government will pass final orders within a period of two months from the date of receipt of the verification-cum-entitlement report. In the event of sanction of pension, the entitlement of the petitioner for payment of arrears from the date of the application i.e. 30-4-1998, will also be considered. The writ petition is allowed as above. No costs. (T.R. RAMACHANDRAN NAIR, JUDGE) ms