IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 27270 of 2007(U) -------------------------- PETITIONER: ------------ KUTTAPPAN RAGHAVAN, AGED 87, BLOCK NO. 555,VATTAKARIKKAKAM P.O., PACHA, PALODE CHITHRA VILLAGE,KOLLAM. BY ADV. SRI.J.OM PRAKASH RESPONDENTS: ------------- 1. THE UNION OF INDIA REPRESENTED BY THE SECRETARY,MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE UNDER SECRETARY TO GOVERNMENT OF INDIA,FREEDOM FIGHERS'S DIVISION,MIISTRY OF HOME AFFAIRS, NEW DELHI. BY ADV. SRI.MOHAN IDICULLA ABRAHAM, ADDL.CGSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/04/2008, THE COURT ON 11/04/2008 DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER DT.24.5.98 EXT.P2-TRUE COPY OF THE ORDER OF THE DISTRICT COLLECTOR, KOLLAM GRANTING FREEDOM FIGHTER'S PENSION DT.30.6.89 EXT.P3-TRUE COPY OF THE ORDER IN THE COPY APPLICATION BY THE JUDIICAL FIRST CLASS MAGISTRATE COURT, CHERTHALA DATED 20.5.81 EXT.P4-TRUE COPY OF THE CERTIFICATE ISSUED BY SHRI H.K. CHAKRAPANI DT.10.1.2004 EXT.P5-TRUE COPY OF THE LETTER RELATING TO THE GRANTING OF CENTRAL PENSION TO H.K. CHAKRAPANI ISSUED BY THE UNDER SECRETARY TO GOVT. OF INDIA DATED 18.6.2003 EXT.P6-TRUE COPY OF THE CONVICT REGISTER OF H.K. CHAKRAPANI ISSUED BY THE SUPERINTENDENT, CENTRAL JAIL, TVM. EXT.P7-TRUE COPY OF THE LETTER DATED 25.5.2004 ISSUED BY THE PRINCIPAL SECRETARY TO GOVT., GENERAL ADMINISTRATION DEPARTMENT TO THE PETITIONER. EXT.P8- TRUE COPY OF THE JUDGMENT OF THIS OCURT IN WPC NO.28081/2004 DATED 27.5.2005 EXT.P9-TRUE COPY OF THE ORDER OF THE UNDER SECRETARY TO GOVT. OF INDIA DT.14.11.2006. // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) NO.27270 of 2007-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of April, 2008. JUDGMENT The writ petition is one seeking to quash Ext.P9 order passed by the Central Government rejecting the application of the petitioner for grant of SSS Pension. The application has been rejected for the reason that there are no acceptable record by way of primary evidence, no valid NARC has been produced, personal knowledge certificates submitted are not acceptable and that the application has not been recommended by the State Government. 2. The facts pleaded in the writ petition shows that the petitioner had submitted Ext.P1 application for the grant of SSS pension. He was a participant of Punnapra-Vayalar struggle and a case as CC No.18/1122 ME was registered against him before the Magistrate Court, Cherthala. He went underground from 27.10.1946 to October 1949 for three years pursuant to the warrant of arrest issued against him. Apart from granting State pension, he was granted two acres of forest land in the light of the sufferings undergone by him. The petitioner had produced personal knowledge certificate from Shri H.K. Chakrapani (Ext.P4) followed by the order granting pension to Shri H.K. Chakrapani (Ext.P5) and true copy of the WPC 27270/2007 -2- Convict Register of Shri H.K. Chakrapani (Ext.P6). In spite of the same, by Ext.P7, the State Government refused to recommend the same. This was challenged in an earlier writ petition, wherein the orders were quashed as per Ext.P8 judgment. Even though this court directed a reconsideration of the application in the light of the findings rendered therein, the application was rejected. 3. Learned counsel for the petitioner submitted that the reasons now pointed out against the petitioner are all found unsustainable by this court in Ext.P8 judgment. There, the learned Single Judge was pleased to find that the objection regarding acceptability of personal knowledge certificate issued by Shri H.K. Chakrapani does not appear to be well founded. After referring to the true copy of the extract of Convict Register of Central Prison, Trivandrum relating to Shri H.K. Chakrapani, it was held that there is no basis for the objection raised against the personal knowledge certificate issued by Shri H.K. Chakrapani. Regarding the NARC from the Judicial Magistrate Court, Cherthala also, it was held that the objection does not appear to be convincing. Ultimately it was found that “there is no merit in the objections raised by the second respondent.” Thereafter, it was directed that the second respondent shall reconsider the application on the basis of the observations contained in the judgment. The State Government WPC 27270/2007 -3- was also directed to forward the recommendation for sanction of the pension to the Central Government. 4. Again, the State Government refused to recommend the application. This is plainly against the findings rendered by this court in Ext.P8 judgment. Once the findings have become final, the respondents are bound by the same. The very same objections relied upon to reject the application earlier, could not have been reiterated herein. In fact, the appeal against Ext.P8 judgment was dismissed as per Ext.P10 by a Division Bench, in Writ Appeal No.2593/2005. Hence, the findings have become final. 5. Therefore, the second respondent was bound to recommend the application for SSS pension. Ext.P9 is thus quashed. The second respondent is directed to forward the verification-cum-entitlement report showing the due recommendation, to the first respondent within a period of six weeks from the date of production of a copy of this judgment. All the relevant documents shall also be forwarded by the State Government to the Central Government. On receipt of the same, the Central Government shall sanction pension to the petitioner and appropriate orders shall be passed within a further period of two months. The claim for arrears of pension WPC 27270/2007 -4- from the date of receipt of the application, shall also be considered. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/ WPC 27270/2007 -5- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - O.P. No. - - - - - - - - - - - - - - - - - - - - - - JUDGMENT 6th March, 2008.