IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 WP(C).No. 25342 of 2004(P) -------------------------------------- PETITIONER: ------------------ P.RAVEENDRAN, RAVEENDRA VILASOM, PUTHUSSERY MUKKU P.O., KALLAMBALAM, THIRUVANANTHAPURAM DISTRICT, PIN-695 605. BY ADV. SRI.MURALI PURUSHOTHAMAN SRI.P.M.BENZIR SRI.DEEPU LAL MOHAN RESPONDENTS: ----------------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF HOME AFFAIRS, CENTRAL SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY SECRETARY, GOVERNMENT OF INDIA, HOME AFFAIRS, FREEDOM FIGHTERS DIVISION, 1ST FLOOR, LOK NAYAK BHAVAN, NEW DELHI. 3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.P.K.RAVIKRISHNAN FOR R3 ADV. SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR FOR R1- R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 25342/2004-P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CERTIFICATE ISSUED BY THE ALL INDIA INA COMMITTEE NO.8/2/495/EMP DATED 31/03/1970. EXT.P2: COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, THIRUVANANTHAPURAM ORDER NO.14698/72/FIN.9/R. DIS DATED 4/1972. EXT.P3: COPY OF THE APPLICATION DATED 01/10/2001 SUBMITTED BY THE PETITIONER UNDER THE SWATANTRATA SAINIK SAMMAN PENSION SCHEME. EXT.P4: COPY OF THE JUDGMENT DATED 11/09/2002 IN O.P. NO.4378/2002 OF THIS HONOURABLE COURT. EXT.P5: COPY OF THE GOVERNMENT LETTER NO.32014/FFP A1/2002/GAD DATED 29/10/2002. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) NO.25342 of 2004-P - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of October, 2008. JUDGMENT Aggrieved by the non-recommendation of his application for grant of Swathanthratha Sainik Samman Pension by the third respondent, State of Kerala, the petitioner has approached this court. 2. Shortly, the claim of the petitioner is that he was a Sepoy in the Indian National Army (INA) raised by Netaji Subash Chandra Bose. He joined the INA on 18.7.1943 and was deployed with 2/7th Guerilla Regiment at Johar where he was captured as a war-prisoner by Allied Forces and put in prison at Jithara Camp, Malaya from April 1945 to December 1945. After independence, he returned to India in 1947. Ext.P1 is the certificate issued by the INA Committee certifying that the petitioner was a member of the INA and a political sufferer. Ext.P2 is the proceedings of the District Collector, Thiruvananthapuram sanctioning State pension to the petitioner. Ext.P3 is the application for grant of SSS Pension. 3. Earlier, this court by Ext.P4 judgment directed the respondents to consider and pass appropriate orders on his application. Accordingly, Ext.P5 was passed. In Ext.P5, the reason for not recommending the WPC 25342/2004 -2- application is that the certificates produced by him are not sufficient and the personal knowledge certificates are only in general nature. It is further pointed out that the District Collector has not recommended the application. 4. In the counter affidavit filed on behalf of the third respondent, it is stated that for grant of Central pension, there should be evidence such as imprisonment/detention certificate from the concerned jail authority, District Magistrate or the State Government indicating the period of sentence, etc. or in case records are not available, the non-availability of records certificate from the concerned authorities along with two co- prisoners' certificate of competent certifiers. In this case, the petitioner has failed to produce documents of the nature described above. Ext.P1 do not show the details of the sufferings and the period of imprisonment. 5. Thus, it is a case where for want of proper records, the petitioner's claim could not be considered by the State Government for recommendation. Even going by Ext.P1, the details of imprisonment are not stated therein. At this distance of time, it may be difficult for the petitioner to get the jail certificate from a foreign country also. He is unable to produce the non-availability of records certificate also. But, in the absence of such certificates the State Government cannot be found fault with in not WPC 25342/2004 -3- recommending the application. In that view of the matter, I see no reason to interfere with Ext.P5. The writ petition is therefore dismissed. (T.R. Ramachandran Nair, Judge.) kav/