IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 WP(C).No. 19557 of 2006(C) --------------------------------- PETITIONER: --------------- V.A.PRABHAKARAN, VELIMPARAMBIL HOUSE, VADACKAL P.O., ALAPPUZHA-2. BY ADV. SRI.K.K.SATHEESH RESPONDENT(S): --------------- 1. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERES' DIVISION, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI-110 003. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. SRI. M.R.SABU - GOVERNMENT PLEADER FOR R2 SRI.S.KRISHNAMOORTHY, CGC FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19557 of 2006(C) APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF PROCEEDINGS OF THE DISTRICT COLLECTOR, ALAPPUZHA VIDE ORDER NO.H4-19399/93 DTD 23-3-1993 GRANTING STATE PENSION TO THE PETITIONER. EXT.P2: COPY OF APPLICATION SUBMITTED BY THE PETITIONER FOR THE GRANT OF SSS PENSION DATED 16-4-1998. EXT.P3: COPY OF PKC ISSUED BY THE PROMINENT FREEDOM FIGHTER SRI. P.K. CHANDRANANDAN EX-MLA DATED 18.1.1990. EXT.P4: COPY OF PKC ISSUE DBY SRI. V.K. KARUNAKARAN DATED 5-1-1993. EXT.P5: COPY OF LETTER NO.H3-253/98-SR DATED 9-10-2000 ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA. EXT.P6: COPY OF REPRESENTATION DATED 23-10-2000 SUBMITTED BY THE PETITIONER TO THE DISTRICT COLLECTOR, ALAPPUZHA. EXT.P7: COPY OF NARC ISSUED BY CJM COURT, ALAPPUZHA IN CASE NO.P.E.7/1122 ME. EXT.P8: COPY OF AFFIDAVIT DULY ATTESTED BY THE JUDICIAL 1ST CLASS MAGISTRATE, ALAPPUZHA. EXT.P9: COPY OF EXTRACT OF CONVICT REGISTER OF CENTRAL PRISON, TRIVANRUM IN RESPECT OF THE CERTIFIER SRI. V.K. KARUNANKARAN. EXT.P10: COPY OF REPRESENTATION DATED 22-2-2005 SUBMITTED BY THE PETITIONER TO THE DISTRICT COLLECTOR, ALAPPUZHA. EXT.P11: COPY OF PKC ISSUED BY SRI. H.K. CHAKRAPANI DATED 6.2.2005. EXT.P12: COPY OF JUDGMENT DATED 13-3-2006 OF THIS HONOURABLE COURT IN W.P.(C)NO.15064/2005. EXT.P13: COPY OF LETTER NO.52/CC/K/55/2005-FF (SZ) DTD 26-5-2006 ISSUED BY R1 TO THE PETITIONER. EXT.P14: COPY OF REVIEW PETITION SUBMITTED BY THE PETITIONER TO R2 DATED 19-6-2006. EXT.P15: COPY OF NARC FROM THE DISTRICT SUPDT. OF POLICE, ALAPPUZHA DATED 14-6-2006. RESPONDENTS' EXHIBITS: NIL TRUE COPY PA TO JUDGE. acd S. SIRI JAGAN, J. ------------------------------------------- W.P.(C) No.19557 OF 2006 ---------------------------------------------- Dated this the 12th day of August, 2011 JUDGMENT The petitioner is a freedom fighter. He participated in the Punnapra - Vayalar Movement which is accepted by the State and Central Government as part of the Freedom struggle of India. Both the State and the Central Government have formulated schemes for payment of pension to freedom fighters. The petitioner has been granted pension as per the State Scheme and he is drawing the same. The petitioner applied for pension under the SWantantrata Sainik Samman Pension Scheme of the Government of India. It has been rejected by Ext.P13 order on the ground that personal knowledge certificate submitted by the petitioner as well as the NARC are not acceptable evidence for proving the petitioner’s claim for freedom fighter’s pension. The petitioner is challenging Ext.P13 order seeking the following reliefs: “i) declare that the petitioner is entitled to get the benefit of SSS Pension with the actual arrears due to him; ii) call for the records leading to the issue of W.P.(C)No.19557/06 2 Ext.P13 and quash the same by issue of a writ of certiorari; iii) issue a writ of mandamus or other appropriate writ, direction or order compelling the 2nd respondent to forward their fresh verification-cum-recommendation report with regard to the eligibility of the petitioner to get the benefit of SSS Pension and on receipt of the same, the 1st respondent may be directed to grant the benefit of SSS Pension to the petitioner with the actual arrears due to him within a stipulated time; iv) issue a writ of mandamus or other appropriate writ, direction or order compelling the 1st respondent to grant the benefit of SSS Pension with the actual arrears due to him”. The petitioner submits that there is absolutely no reason to reject the claim of the petitioner. Ext.P11 personal knowledge certificate has now been produced by the petitioner. The same has been issued by Sri. H.K. Chakrapani, a freedom fighter, who is recipient of Central Freedom Fighters’ Pension and had undergone more than five years imprisonment during the freedom struggle. He has certified by Ext.P11 that the petitioner remained underground for a period of more than six months from 7.3.1122 (ME) to 9.1.1123 (ME) in view of a warrant of arrest issued by the Judicial 1st Class Magistrate's Court, Alappuzha in case No.P.E.7/1122 ME. The petitioner has also produced Ext.P7 Non-availability of Record Certificate W.P.(C)No.19557/06 3 from Chief Judicial Magistrate, Alappuzha as also Ext.P15 certificate from the Superintendent of Police, Alappuzha stating that no records are available in respect of the participation of the petitioner in the freedom struggle. The petitioner submits that they are valid documents which would prove the claim of the petitioner and therefore, Ext.P13 order is clearly unsustainable. Only the State Government has filed a counter affidavit. They support the impugned order. The Union of India has not chosen to file any counter affidavit. But, the Central Government counsel vehemently supports Ext.P13 on the reasons mentioned therein. 2. I have considered the rival contentions in detail. I have already held in other cases that personal knowledge certificate issued by Sri. H.K. Chakrapani is an acceptable one, insofar as the credentials as a freedom fighter having undergone more than 5 years imprisonment during the freedom struggle is unquestionable. As such, there is no reason to reject Ext.P11 personal knowledge certificate which categorically certifies that the petitioner was a bona fide W.P.(C)No.19557/06 4 freedom fighter having remained underground for more than six months in view of an arrest warrant issued against him by the Judicial First Class Magistrate, Alappuzha in Case No.P.E 7/1122 ME. 3. I have repeatedly held in various decisions that the freedom fighters cannot go around each and every Government office in the State searching for records proving their participation in the freedom struggle. I have held that it is the duty of the State Government to ascertain from various offices as to whether there are records available and, if not available, to certify that no records are available. In fact, I have accepted similar certificates as Exts.P7 and P15 in other cases as valid NARCs. In the above circumstances, it is abundantly clear that the petitioner has proved his claim for freedom fighters' pension under the SSS Pension Scheme by producing valid acceptable documents. 4. Accordingly, this writ petition is disposed of with the following directions: The 2nd respondent Government of Kerala shall forward a W.P.(C)No.19557/06 5 recommendation recommending the petitioner’s case for freedom fighters’ pension scheme under the SSS Pension Scheme to the 1st respondent Union of India within one month from the date of receipt of a copy of this judgment. The 1st respondent shall pass orders granting pension under the SSS Pension Scheme to the petitioner with effect from the date of application and disburse the arrears to the petitioner within two months therefrom. S. SIRI JAGAN, JUDGE acd W.P.(C)No.19557/06 6 W.P.(C)No.19557/06 7