IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 12TH NOVEMBER 2008 / 21ST KARTHIKA 1930 WP(C).No. 16219 of 2008(E) ---------------------------------------- PETITIONER(S): ------------------------ P.V.ANTHAPPAN, FREEDOM FIGHTER, PUTHENPARAMBIL, PEROOR P.O., KOTTAYAM 686 737. BY ADV. SRI.V.EAPEN MATHAI SMT.A.R.USHA RESPONDENT(S): ------------------------- 1. STATE OF KERALA,REP. BY THE CHIEF SECRETARY. 2. UNION OF INDIA REP. BY THE SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS,FREEDOM FIGHTERS DIVISION LOK NAYAK BHAVAN, NEW DELHI. ADV. SRI.SUNNY XAVIER, ACGSC FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.16219/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE APPLICATION SUBMITTED BEFORE THE 2ND RESPONDENT LOK NAYAK BHAVAN NEW DELHI FOR CENTRAL GOVERNMENT PENSION ON 4.12.98. P2:- COPY OF THE CERTIFICATE DT. 24.11.81 ISSUED BY EXT. MP. P.A. SOLAMON (FREEDOM FIGHTER). P3:- COPY OF THE CERTIFICATE DT. 21.12.98 ISUED BY DEVASIA MATHAI FREEDOM FIGHTER. P4:- COPY OF THE CERTIFICATE DT. 23.12.98 ISSUED BY JUDICIAL MAGISTRATE OF THE IST CLASS, KOTTAYAM. P5:- COPY OF THE CERTIFICATE DT. 18.12.98 ISSEUD BY CO-PRISONER-PAPPU CHANDRAN (FREEDOM FIGHTER) KOTTAYAM. P6:- COPY OF THE APPLICATION TO DISTRICT COLLECTOR, KOTTAYAM FILED BY PETITIONER DT. 16.7.00. P7:- COPY OF THE LETTER DT. 21..01 SEND BY PETITIONER WITH A LIST OF DOCUMENTS TO CHIEF SECRETARY GOVERNMENT SECRETARIAT, TRIVANDRUM. P8:- COPY OF THE LETTER SEND TO THE RESPONDENT NO.1 DT. 7.3.01. P9:- COPY OF THE LETTER DT. 27.12.04 SENT TO THE CHIEF MINISTER, KERALA. P10:- COPY OF THE CERTIFICATE ISSUED BY SUB JAIL SUPERINTENDENT, ALLEPPEY. P11:- COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, KOTTAYAM DT. 29.3.82. P12;- COPY OF THE REPRESENTATION DT. 4.10.04. P13:- COPY OF THE LETTER SENT BY SECRETARY TO GOVERNMENT OF INDIA TO THE PETITIONER DT. 5.1.99. P14:- COPY OF THE JUDGMENT OF HONOURABLE HIGH COURT OF KERALA REPORTED IN 04(1) KLJ 162. P15:- COPY OF THE JUDGMENT OF THE HONOURABLE HIGH COURT OF KERALA REPORTED IN 2005(2) KLJ 105. P16:- COPY OF THE AFFIDAVIT FILED BY THE PETITIONER DT. 27.2.07. P17:- COPY OF THE LETTER OF THE PETITIONER WRITTEN IN HIS LETTER PAD. /TRUE COPY/ P.A. TO JUDGE tss V.GIRI,J. ------------------------- W.P ( C) No.16219 of 2008 -------------------------- Dated this the 12th November, 2008 J U D G M E N T Petitioner claims to be a freedom fighter and a member of the Indian National Congress which fought against the British. He has approached this Court seeking a direction to the respondents to grant and pay him pension under the Swatantrata Sainik Samman Pension Scheme. Petitioner claims to be a recipient of the pension under the state scheme. 2. A detailed counter affidavit has been filed by the respondents. Reference in this regard is made to Exhibit R1 order. Exhibit R1 communication sent by the Government of India to the State Government in May, 2007 deals with the petitioner’s claim. It is seen that a copy of the same was forwarded to the petitioner also by speed post. It has been categorically noted therein that the claim of the petitioner does not come within the eligibility criteria and does not fulfill the requirements of W.P ( C) No.16219 of 2008 2 the Swatantrata Saink Samman Scheme 1980 and that therefore the petitioner is not eligible for the grant of pension. Petitioner’s claim has been rejected. 3. Learned counsel for the respondents refers to Para 5 (iii) of Exhibit R1 order which reads as follows: “In the absence of a valid NARC, the certificates of S/Shri Devasia Mathai and Pappu Chandran cannot be considered and are not acceptable. However, the certificates of S/Shri Devasia Mathai and Pappu Chandran have been scrutinised. The same are not acceptable since the certifiers have not furnished evidence of their own jail sufferings of minimum one year. The certifiers have thus failed to prove that they are eligible certifiers. Therefore, requisite secondary evidence is also not forthcoming.” 4. On a perusal of Exhibit R1, I find a detailed consideration of the petitioner’s claim and it has been rejected, inter alia, on the ground that there is no recorded primary evidence in support of the petitioner’s claim for imprisonment and underground sufferings and that he has not furnished valid NARC due to non-availability of record statement from the State Government. The certificates issued by M/s. Devassia Mathai and Pappu Chandran, have also not been accepted. W.P ( C) No.16219 of 2008 3 5. I find no reference to Exhibit R1 order or challenge to the same in the writ petition. Petitioner has mainly asked for a direction to respondents to grant pension under the Swatantrata Sainik Samman Pension. In the light of the fact that petitioner‘s claim has been considered and rejected by the Government of India, I do not find my way to issue a direction to the respondents. Accordingly the writ petition is dismissed. (V.GIRI,JUDGE) ma W.P ( C) No.16219 of 2008 4 W.P ( C) No.16219 of 2008 5