IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 6TH JANUARY 2009 / 16TH POUSHA 1930 WP(C).No. 5741 of 2005(H) ------------------------------------- PETITIONER(S): ----------------------- ANCHAMMA PAUL, W/O.LATE V.V.PAUL, VACHAKKAL, KANJIRAMCHIRA P.O., ALAPPUZHA-7. BY ADV. SRI.K.K.SATHEESH SMT.M.C.SHIJIMOL 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. ADV. SRI.GEORGE JOSEPH, ADDL.CGSC FOR R1 GOVERNMENT PLEADER SRI.SHYSON P.MANGUZHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.5741/2005 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR THE GRANT OF SSS PENSION TO THE RESPONDENTS DT. 23.4.98. P2:- COPY OF THE PKC ISSUED BY SRI.KUNJAN SUKUMARAN DT. 23.4.98. P3:- COPY OF THE PKC ISSUED BY SRI.P.K.CHANDRANANDAN EX-MLA DT. 11.2.87. P4:- COPY OF THE NARC ISSUED BY THE CJM COURT, ALAPPUZHA DT. 8.7.81. P5:- COPY OF THE PKC ISSUED BY SRI.NARAYANAN RAMANKUTTY DT. 27.6.01. P6:- COPY OF THE JUDGMENT IN OP. NO.36506/02 OF THIS HONOURABLE COURT DT. 4.12.02. P7:- COPY OF THE COMMUNICATION NO.96493/FFP A2/2003/GAD DT. 7.3.03 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P8:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DT. 29.1.05. P9:- COPY OF THE PKC ISSUED BY SRI.H.K.CHAKRAPANI DT. 16.1.05. P10:- COPY OF THE AFFIDAVIT DULY ATTESTED BY THE JUDICIAL MAGISTRATE OF IST CLASS ALAPPUZHA DT. 5.1.05. /TRUE COPY/ P.A. TO JUDGE tss HARUN-UL-RASHID, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 5741 OF 2005 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of January, 2009 JUDGMENT The writ petition is filed for the following reliefs: “i) declare that petitioner is entitled to get the benefit of SSS Pension due to her late husband; ii) issue a writ of mandamus or other appropriate writ, direction or order compelling the 2nd respondent to forward their verification-cum- entitlement to pension report alongwith the specific recommendation with regard to the eligibility of the petitioner to get the benefit of SS Pension due to her late husband, and on receipt of the same the 1st respondent may be directed to grant the benefit of dependent family pension under the SSS Pension Scheme to the petitioner within a stipulated time;” 2. The petitioner is the wife of deceased Sri.V.V.Paul, who was a freedom fighter with active participation in the Punnapara-Vayalar Movement during freedom struggle. It is averred in the writ petition that on account of his participation in the said struggle, an arrest warrant was issued against him by the Special Magistrate Court, Alleppey in case No.P.E 7/1122 ME and in order to evade the arrest, W.P.(C)No. 5741 OF 2005 -:2:- he had gone underground for a period of more than six months from October 1946 to June 1947. Ext.P1 dated 23.04.1998 is the application submitted by the petitioner for the purpose of grant of SSS Pension. The petitioner is the recipient of State Pension. By Ext.P7 order, dated 07.03.03, the 2nd respondent issued orders intimating the petitioner that the petitioner is not eligible to claim SSS Pension and therefore her application cannot be forwarded to the Central Government. The Principal Secretary issued Ext.P7 order stating reasons 1 to 5 with a finding that the petitioner is ineligible. 3. The learned counsel for the petitioner submitted that the defects stated in Ext.P7 order have been cured and the same was reported to the Government by Ext.P8 representation dated 29.01.05. The petitioner also produced Ext.P9 Personal Knowledge Certificate issued by Sri.H.K. Chakrapani. Ext.P10 is the affidavit duly attested by the Judicial First Class Magistrate, Alappuzha. The counsel submitted further that in spite of furnishing all the details called for, the matter was further delayed and therefore the recommendation was not forwarded, though he is eligible to get pension at the earliest opportunity. W.P.(C)No. 5741 OF 2005 -:3:- 4. The learned counsel for the Central Government invited my attention to paragraph 7 of the counter affidavit in which it is stated as follows: “7. In compliance with the direction of the Hon'ble High Court, the petitioner's application had been examined and a report forwarded to Government of India vide Government letter No.96493/FFP- A2/2002/GAD dated 07.03.2003.” 5. In the light of Exts.P8, P9 and P10, I am of the view that the State Government shall reconsider the matter and to pass appropriate orders in accordance with law. In the result, there will be a direction to the 2nd respondent to examine whether the corrections made by the applicant, as sought for, are in order and whether the applicant is entitled to claim SSS Pension. If so, the application shall be forwarded with the recommendation within a period of two months from the date of receipt of a copy of the judgment. The Central Government shall pass appropriate orders within a further period of three months thereafter from the date of passing of order by the State Government. In the event of sanction of Pension, it is made clear that the applicant is entitled to arrears from the date of W.P.(C)No. 5741 OF 2005 -:4:- filing of the application, i.e., 23.04.98. Writ Petition is disposed of as above. (HARUN-UL-RASHID, JUDGE) ttb