IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(C).No. 7939 of 2007(T) ------------------------- PETITIONER: ------------------ C.K.GANGADHARAN, AGED 83, MAMKOOTTATHIL, PERUMTHURUTH, MANNANCHERRY, PONNAD P.O., ALAPPUZHA. BY ADV. SRI.J.OM PRAKASH RESPONDENTS: ---------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVT., GENERAL ADMINISTRATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ALAPPUZHA. BY GOVERNMENT PLEADER SMT.N.SUDHA DEVI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 9/4/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 7939 of 2007(T) APPENDIX Petitioner's Exhibits:- P1: Copy of the application submitted by the petitioner dtd.7.10.2002. P2: Copy of the application made by the petitioner in PE.No.7/122 of the CJM Court, Alappuzha and the order passed on it dtd.22.1.02. P3: Copy of the order of the 2nd respondent dtd.3.11.2004. P4: Copy of the certificate of Sri.H.K.Chakrapani dtd.21.3.2004. P5: Copy of the convict register relating to Sri.H.K.Chakrapani dt.Nil. P6: Copy of the central pension order issued to Sri.H.K.Chakrapani dtd.8.6.2003. P7: Copy of the judgment of this Hon'ble Court in WP(C)No.5766/05 dtd.8.12.2005. P8: Copy of the order of the first respondent dtd.28.4.2006. P9: Copy of the letter of the Dist.Police Superintendent, Alappuzha dtd.22.11.2006. P10: Copy of the report of the Tahsildar, Ambalapuzha dtd.19.12.2003. Respondents' Exhibits: Nil. ( true copy ) PA to Judge. kvs/- T.R.RAMACHANDRAN NAIR, J. ========================= WP(C).No.7939 of 2007-T. ========================= Dated this the 9th day of April, 2008. J U D G M E N T The challenge is against Ext.P8 order passed by the Government rejecting an application for grant of State pension. The pension claimed is under the Kerala Freedom Fighters' Pension Scheme. This order was passed pursuant to Ext.P7 judgment. In fact, there is a specific direction in Ext.P7 to reconsider the matter in the light of the documents produced by the petitioner along with IA.No.17992/2005 in that writ petition. Still, when Ext.P8 order was passed the stand taken is that without any proof from official documents the application cannot be entertained. Reliance is placed on Circular dated 31.12.1993. Under the above Circular application for review will be entertained only on production of documentary evidence from official records such as warrant of arrest, court records, jail records clearly showing the applicant's suffering in connection WP(C).No.7939 of 2007-T. -: 2 :- with the freedom struggle. 2. The petitioner had produced, apart from the certificate from the prominent freedom fighter Ext.P4 issued by Sri.H.K.Chakrapani, Ext.P5 which is the true copy of the convict register relating to the certifier and Ext.P6 is the order granting Central pension to the certifier. 3. Going by the scheme, in the absence of records like copy of warrant of arrest, etc. the PKC along with NARC can be considered for grant of pension. The reliance now placed by the respondents on the Circular dated 31.12.1993 cannot be legally sustained. It is well settled that a Circular cannot alter the import of any rules, regulations etc. Apart from that going by the principles stated by the Apex Court in the decision reported in Mukund Lal Bhandari v. Union of India (AIR 1993 SC 2127), the time limit fixed by the authority cannot be taken as a bar to entertain the application. The period fixed can only be taken as one only for administrative convenience. The relevant portion in para.4 is extracted below: WP(C).No.7939 of 2007-T. -: 3 :- “It is common knowledge that those who participated in the freedom struggle either at the national level or in the erstwhile Nizam State, are scattered all over the country and most of them may even be inhabiting the remotest parts of the rural areas. What is more, almost all of them must have now grown pretty old, if they are alive. Where the freedom fighters are not alive and their widows and the unmarried daughters have to prefer claims, the position may still be worse with regard to their knowledge of the prescribed date. What is more, if the Scheme has been introduced with the genuine desire to assist and honour those who had given the best part of their life for the country, it ill-behoves the Government to raise pleas of limitation against such claims. In fact, the Government, if it is possible for them to do so, should find out the freedom fighters or their dependents and approach them with the pension instead of requiring them to make applications for the same. That would be the true spirit of working out such Schemes. Hence, whatever the date on which the claimants make the applications, the benefit should be made available to them. The date prescribed in any part or future notice inviting the claims should be regarded more as a matter of administrative convenience than as a rigid time-limit.” Therefore the reason stated that since the application is received only after the relevant date, it can be considered only if copies of official records are produced, cannot be sustained. Further, in this case, already there is a binding judgment passed by this Court as per Ext.P7. Obviously the directions therein have been bye-passed. WP(C).No.7939 of 2007-T. -: 4 :- Ext.P10 is the report of the local Tahsildar recommending the application for grant of pension. None of these have been considered while rejecting the application. When this Court had already directed the authority to consider the sufficiency of the records that cannot be bye-passed by a newly found out reason. In that view of the matter, Ext.P8 is hereby quashed. The first respondent will reconsider the matter in the light of the specific directions contained in Ext.P7 judgment and the findings rendered herein within a period of two months from the date of production of a copy of this judgment. The application shall be considered on its merit and not on technicalities. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-