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. 35240 of 2005(T) ---------------------------------------- PETITIONER: -------------------- A.V.THAMPI, ARAYANPARAMBU, VATTAYAL WARD, THIRUVAMBADY P.O. ALAPPUZHA.2. BY ADV. SRI.K.K.SATHEESH RESPONDENTS: ------------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS 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. BY ADV. SRI.S.R.AJITH, ADDL.CGSC - R1 BY GOVERNMENT PLEADER SRI. LAKSHMINARAYANAN – R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.35240/2005 T APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMMUNICATION ISSUED BY THE 2ND RESPONDENT DTD. 15/11/2000 AND THE PROCEEDINGS NO.H4-15508/99 DTD. 21/01/2001 OF THE DISTRICT COLLECTOR, ALAPPUZHA. EXT.P2: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE RESPONDENTS DTD. 9/11/05. EXT.P3: COPY OF THE AFFIDAVIT DULY ATTESTED BY THE JUDICIAL 1ST CLASS MAGISTRATE – II, ALAPPUZHA DTD. 7/09/2005. EXT.P4: COPY OF THE NARC ISSUED BY THE SUPDT. OF POLICE, ALAPPUZHA DTD. 9/09/2005. EXT.P5: COPY OF THE NARC ISSUED BY THE CJM COURT, ALAPPUZHA IN CASE NO.P.E.7/1122 ME. EXT.P6: COPY OF THE PKC ISSUED BY SRI.T.F.YOHANNAN DTD.5/09/2005. EXT.P7: COPY OF THE ORDER NO.52/CC/K/67/2004-FF (SZ) DTD. 16/05/2005 ISSUED BY THE 1ST RESPONDENT GRANTING SSS PENSION TO SRI. T.F.YOHANNAN. EXT.P8: COPY OF THE TRUE EXTRACT OF THE CONVICT REGISTER OF CENTRAL PRISON, TRIVANDRUM IN RESPECT OF SRI.T.F.YOHANNAN. EXT.P9: COPY OF THE PKC ISSUED BY SRI.H.K.CHAKRAPANI DTD. 4/09/2005. EXT.P10: COPY OF THE ORDER NO.119/PVS/104/99-FF(SZ) DTD. 18/06/2003 ISSUED BY THE 1ST RESPONDENT GRANTING SSS PENSION TO SRI.H.K.CHAKRAPANI. EXT.P11: COPY OF THE CONVICT REGISTER OF CENTRAL PRISON, TRIVANDRUM IN RESPECT OF SRI.H.K.CHAKRAPANI. RESPONDENT'S ANNEXURE: ANNEXURE R1: COPY OF THE LETTER DTD. 4/10/2006 ISSUED BY UNDER SECRETARY TO THE GOVERNMENT OF INDIA, TO THE PETITIONER. /TRUE COPY/ P.A.TO JUDGE Kss T.R.RAMACHANDRAN NAIR, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C). No.35240/2005-T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 23rd day of July, 2008 J U D G M E N T The petitioner is an applicant for grant of Central Freedom Fighters Pension under the Swatantrata Sainik Samman Pension Scheme. He is a freedom fighter, who had participated in the Punnapra-Vayalar Movement. This writ petition is filed seeking for a direction to the first respondent to grant the benefit of S.S.S pension to the petitioner. During the pendency of the writ petition, the Central Government rejected the application of the petitioner for pension as per Annexure R-I. The apparent reason stated is that the State Government has not recommended the petitioner's claim for grant of pension. 2. The petitioner is a recipient of State pension, which is evident from Ext.P1. Ext.P2 is the application for S.S.S Pension and Ext.P4 is the Non-Availability of Records Certificate (N.A.R.C) from the Superintendent of Police, Alappuzha and, Ext.P5 is the N.A.R.C from the Chief Judicial Magistrate Court, Alappuzha. Exts.P6, P7 and P8 are the Personal Knowledge Certificate issued O.P..NO.35240/2005-T -:2:- by Sri.T.F.Yohannan, the order sanctioning grant of Central pension to him and the true extract of the Convict Register in respect of him respectively. Similarly, Exts.P9, P10 and P11 are the Personal Knowledge Certificate issued by Sri.H.K.Chakrapani, order granting S.S.S pension to him and the true extract of the Convict Register in respect of him respectively. 3. In the counter affidavit filed by the State Government, the reason for not recommending the application is stated in paragraph No.8. It is stated that going by the period the petitioner remained underground, it is found that he came out from the underground life before independence and in that case he would have been arrested, but as the petitioner has not claimed any detention after the said date, the claim is doubtful. It is also stated that he has not produced acceptable NARC's. Both these reasons are apparently wrong. Merely because he was not caught after re- surfacing, that is not a ground to reject the certificates of qualified certifiers as not genuine. Further, Exts.P4 and P5 are valid NARC's as evident from the certificates. 4. In that view of the matter, the stand taken by the State Government is not correct. Therefore, the matter will have to be O.P..NO.35240/2005-T -:3:- reconsidered by the respondents. There will be a direction to the second respondent to forward a fresh Verification-cum-Entitlement Report showing the recommendation, after considering Exts.P4 to P11, within a period of two months from the date of receipt of a copy of this judgment, to the first respondent. On receipt of the fresh report from the State Government, the Central Government will re-consider the matter and based on the same pass a fresh order within a further period of two months thereafter. In the event of sanction of S.S.S pension, the entitlement of the petitioner for arrears, from the date of receipt of Ext.P2 application dated 09/11/2005, will also be considered. Since the matter is directed to be considered afresh, I quash Annexure R-I. The writ petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, Judge ms