IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 WA.No. 1036 of 2011() --------------------- APPELLANT(S): PETITIONER ------------------------------ K.N.SANKUNNY, KOCHUVELIYIL, S.L.PURAM P.O., ALAPPUZHA. BY ADV. SRI.K.K.SATHEESH RESPONDENT(S): RESPONDENTS ------------------------------------- 1. UNION OF INDIA REPRESENTED BY THE DEPUTY SECRETARY, MINISTRY OF HOME AFFAIRS, F.F.DIVISION, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI-3. 2. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.S.KRISHNAMOORTHY, CGC FOR R1 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 23/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. CHELAMESWAR, C.J & P.R.RAMACHANDRA MENON, J. ---------------------------------------------- W.A.No. 1036 of 2011 ---------------------------------------------- Dated this the 23rd day of August, 2011 JUDGMENT Ramachandra Menon,J The claim of the appellant, an octogenarian, for pension under the Swatantrata Sainik Samman Pension Scheme (SSSP) of the Central Government was refused to be recommended by the State for want of details to confirm the credentials with respect to Exhibit P1 Jail Certificate, which made the appellant to approach this Court by filing the Writ Petition. 2. The case of the appellant is that he participated in the Punnapra-Vayalar Movement, which has been recognised by the Central Government as part of the Freedom Struggle. It is also the case of the appellant that, by virtue of such participation, he had to undergo imprisonment, as borne by Exhibit P1 jail certificate issued by the Superintendent of Central Prison, Thiruvananthapuram for more than six months. Taking note of the hardship suffered by the petitioner, a freedom-fighter, the State Government has sanctioned pension under the State Scheme. However, the application preferred by the appellant for granting pension under the Central Government Scheme was turned down WA.1036/11 2 by the State Government, stating that there was no valid material to make the recommendation in tune with the norms prescribed under the Swatantrata Sainik Samman Pension Scheme, which, in turn, was under challenge in the Writ Petition. 3. After taking note of the submissions made from either side, it was observed by the learned Single Judge that there was no material to connect the imprisonment covered by Exhibit P1 Jail Certificate to the Punnapra-Vayalar Struggle and hence, the claim of the appellant could not be considered favourably. 4. The learned counsel for the appellant submits with reference to the materials on record that the authorities concerned had absolutely no doubt with regard to the merit and mettle of the appellant, as to the status as a freedom fighter, when he was conferred with the State Pension. It is also brought to the notice of this Court that the name of the appellant was sponsored by the State Government for being conferred with the honour of 'Thamra Pathra' and after considering the same, it was accepted by the Central Government and 'Tamra Pathra' was conferred on the appellant, as borne by Exhibit P3 way back in the year 1972. In spite of the sequence of events as above, the appellant is made to run from pillar to post, on the eve of his life, aspiring 'Central Pension', which is liable to be deprecated. WA.1036/11 3 5. The learned Government Pleader appearing for the State submits that the only reason for not recommending the claim was in view of the specific terms of the Central Government Scheme, which made the claims to be probed in a particular manner and no positive material was available, so as to connect the appellant to the Punnapra-Vayalar Struggle, based on Exhibit P1 confinement. 6. The learned Central Government Counsel submits that Exhibit P1 Jail Certificate was issued only in the year 2008 and the claim of the petitioner could not have been considered with regard to the said certificate. it is brought to our notice that the State Government, while issuing Exhibit R2(b) dated 27.8.2008, has forwarded the representation dated 19.5.2008 preferred by the appellant along with the enclosures (in original) and also the report of the District Collector, Alappuzha for appropriate action by the authorities of the Central Government, who deal with the Central Pension. The learned Central Government Counsel submits that the said representation dated 19.5.2008 could be considered and appropriate orders will be passed, taking positive look and a lenient view, particularly in the light of Exhibit P3 'Thamra Pathra' presented by the then Prime Minister on 15.8.1972, reckoning the significant contribution made by the WA.1036/11 4 appellant, to the nation, in the Struggle for Independence. In the above circumstances, we dispose of the Writ Appeal directing the first respondent to consider the said representation dated 19.5.2008 preferred by the appellant, in the light of the relevant records forwarded by the State and also in the light of Exhibit P3 'Thamra Pathra' presented by the Prime Minister conferring the honour for having made significant contribution to the Nation in the Freedom Struggle. Appropriate orders shall be passed for granting pension under the Swatantrata Sainik Samman Pension Scheme, as expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. Taking note of the advanced age of the appellant, we also direct the first respondent to disburse the monetory benefits also forthwith, when ordered, at any rate, within a further period of two months thereafter. J.CHELAMESWAR, CHIEF JUSTICE P.R.RAMACHANDRA MENON, JUDGE vgs