IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID THURSDAY, THE 19TH FEBRUARY 2009 / 30TH MAGHA 1930 WP(C).No. 13224 of 2006(Y) -------------------------------------- PETITIONER(S): ---------------------- STELLA XAVIER, D/O.LATE XAVIER, KACHEREIYIL HOUSE, CANAL WARD, ALAPPUZHA. 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 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. R2 & R3 BY GOVERNMENT PLEADER MR.SHYSON P.MANGUZHA R1 BY ADV. MR.K.M.JAMALUDHEEN, CGC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 13224/2006-Y APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.H4-63579/96 ISSUED BY THE 3RD RESPONDENT DATED 10/04/1997. EXT.P2: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR THE GRANT OF SSS PENSION TO THE RESPONDENTS DATED 06/05/1998. EXT.P3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATD 10/04/2006. EXT.P4: COPY OF THE NARC ISSUED BY THE DISTRICT SUPDT. OF POLICE, ALAPPUZHA DATED 15/03/2006. EXT.P5: COPY OF THE NARC ISSUED BY THE CJM COURT, ALLEPPEY IN CASE NO.P.E.7/1122 ME ON THE FILE OF THE SPCIAL MAGISTRATE COURT, ALLEPPEY. EXT.P6: COPY OF THE PKC ISSUED BY SRI.H.K.CHAKRAPANI DATED 13/02/2006. EXT.P7: COPY OF THE ORDER OF SANCTION OF SSS PENSION ISSUED BY THE MINSTRY OF HOME AFFAIRS NEW DELHI DATED 18/06/2003 IN RESPECT OF THE CERTIFIER SRI.H.K.CHAKRAPANI. EXT.P8: COPY OF THE EXTRACT OF CONVICT REGISTER OF CENTRAL PRISON, TRIVANDRUM ISSUED BY THE SUPDT. IN RESPECT OF THE CERTIFIER SRI.H.K.CHAKRAPANI. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.13224 OF 2006 ---------------------------- DATED THIS THE 19TH DAY OF FEBRUARY, 2009 JUDGMENT Petitioner is the unmarried daughter of late Xavier, who was a freedom fighter. Petitioner's father had actively participated in the Punnapra-Vayalar Movement during the freedom struggle. On account of the participation in the said struggle, he had undergone imprisonment in the Sub Jail, Alleppey for the period from October, 1946 to July, 1947 in connection with Case No.P.E.7/1122 ME. Petitioner claimed that her father was entitled to get the benefit of “Swatantratha Sainik Samman Pension” (SSS Pension). It is averred that the petitioner's mother Late Plameena Xavier was granted State Pension and after her death the petitioner is getting the pension under the Scheme. Ext.P1 is the order passed by the 3rd respondent granting State pension. Ext.P2 is the application for grant of SSS Pension. Petitioner had produced Non-Availability of Records Certificate (NARCs) issued by the -2- W.P.(C).No.13224/2006 District Superintendent of Police, Alappuzha and also the Chief Judicial Magistrate's Court, Alappuzha along with Ext.P3 representation. Exts.P4 and P5 are the NAR Certificates. Ext.P6 is the personal knowledge certificate issued by the freedom fighter Sri Sukumaran Koonanjalickal, who is the recipient of SSS pension and the holder of “Thamrapathra”. Ext.P7 and P8 are the copies of the order sanctioning SSS Pension and the extract of convict register of Central Prison in respect of the certifier H.K. Chakrapani. 2. It is submitted by the petitioner that in spite of furnishing all the documents required for sanction of SSS Pension under the Scheme till date, the 2nd respondent did not forward the entitlement to pension report, verification report and recommendation to the lst respondent. 3. In view of the fact that it is a long pending matter, there will be a direction to the 2nd respondent to forward the verification report and entitlement to pension report along with -3- W.P.(C).No.13224/2006 their recommendation to the lst respondent, if found eligible under the SSS Pension Scheme, within a period of two months from the date of receipt of a copy of this judgment. On receipt of such report, the lst respondent shall pass appropriate orders within a period of three months thereafter. In the event of sanction of pension under the SSS Pension Scheme, the petitioner is entitled to arrears of pension from the date of receipt of the application for grant of SSS Pension. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv.