IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 12488 of 2004(J) -------------------------------------- PETITIONER: ------------------- P.K.PADMANABHAN, PALLIPPARAMBU VEEDU, PUNNAPRA.P.O., ALAPPUZHA. *(DIED). *SUPPLEMENTARY PETITIONER IMPLEADED: *PANKAJAKSHI, W/O. LATE P.K. PADMANABHAN, AGED 73, PALLIPPARAMBU VEEDU, PUNNAPRA.P.O., ALAPPUZHA. *IS IMPLEADED AS SUPPLEMENTARY PETITIONER AS PER ORDER DATED 23/07/2008 IN I.A. NO. 9525/2008. BY ADV. SRI.K.K.SATHEESH. RESPONDENTS: ----------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS' DIVISION, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-110 003. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, THIRUVANANTHAPURAM. GOVT. PLEADER SRI. R. LAKSHMI NARAYANAN FOR R2, ADV. SRI.S.R.AJITH, ADDL.CGSC FOR R1. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.12488/2004-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER OF SANCTION OF STATE PENSION TO THE PETITIONER VIDE NO. H4.5599/93 DTD. 24/04/1993 ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA. EXT.P.2: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR THE GRANT OF SSS PENSION DTD. 05/04/1998. EXT.P.3: COPY OF THE PKC ISSUED BY SRI. KUNJAN SUKUMARAN DTD. 03/04/1998. EXT.P.4: COPY OF THE NARC ISSUED BY THE CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA. EXT.P.5: COPY OF THE JUDGMENT DT. 19/06/2003 OF THIS HONOURABLE COURT IN O.P. NO. 24950/2001. EXT.P.6: COPY OF THE LETTER NO. 72519/FFP A2/2003/GAD DTD. 12/11/2003 ISSUED BY THE R.2. TO THE PETITIONER. EXT.P.7: COPY OF THE LETTER NO. 52/CC/KER/53/2003-FF (SZ) DTD. 06/01/2004 ISSUED BY THE R.1. TO THE PETITIONER. EXT.P.8: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DTD. 31/01/2004 WITHOUT ORDER DTD. 18/06/2003 TO THE R.2. EXT.P.9: COPY OF THE PKC ISSUED BY SRI. H.K. CHAKRAPANI DTD. 23/01/2004. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// prv. T.R.RAMACHANDRAN NAIR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C). No.12488/2004-J ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 23rd day of July, 2008 J U D G M E N T The writ petition is filed by the first petitioner, who is the late husband of the additional petitioner, challenging the order passed by the Central Government, namely, Ext.P7, by which the application for Swatantrata Sainik Samman Pension was rejected for want of positive recommendation from the State Government. 2. The claim is based on active participation of the first petitioner in the Punnapra-Vayalar Movement. It is stated that an arrest warrant was issued against him by the Special Magistrate Court, Alappuzha in case No.P.E.7/1122 ME, and to evade arrest, he had gone underground for a period of one year from 28/10/1946 to 23/10/1947. For participation in the same struggle, he was granted the State Freedom Fighters' pension. Ext.P3 is the Personal Knowledge Certificate issued by another freedom fighter Sri.Kunjan Sukumaran and Ext.P4 is the true copy of the Non- Availability of Records Certificate (N.A.R.C) issued by the Chief Judicial Magistrate Court, Alappuzha. W.P.(C).NO.12488/2004-J -:2:- 3. In Ext.P7, as pointed out already, the stand taken is that the State Government has not recommended the application of the first petitioner for S.S.S pension, which is mandatory. Thereafter, the petitioner has filed Ext.P8 seeking the State Government to recommend the application on the basis of the Personal Knowledge Certificate issued by Sri.H.K.Chakrapani. True copy of the above P.K.C is produced as Ext.P9. 4. It is stated in Ext.P8 that, along with it, the jail records of Sri.H.K.Chakrapani and copy of the order granting S.S.S pension to Sri.Chakrapani, have also been forwarded to the State Government. 5. In the light of the above factual situation, the matter has to be reconsidered by the State Government and the Central Government, and therefore, Ext.P7 is quashed. There will be a direction to the second respondent to consider the matter afresh for the purpose of forwarding the Verification-cum-Entitlement Report showing the recommendation based on Exts.P8 and P9. The same shall be done within a period of two months from the date of receipt of a copy of this judgment. The first respondent shall process the application afresh, based on the fresh W.P.(C).NO.12488/2004-J -:3:- Verification-cum-Entitlement Report forwarded by the State Government, within a further period of two months from the date of receipt of the recommendation from the State Government. In the event of sanction of pension, the same shall be paid from the date of Ext.P2 application dated 05/04/1998. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, Judge ms