IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933 WP(C).No. 36025 of 2004(L) ------------------------------------- PETITIONER(S): --------------- SUBHADHRA, W/O. KARUNAKARAN, MANALIKKATTIL HOUSE, ARAKULAM (E), KODUNGALLUR (POST), TRICHUR (DIST). BY ADV. SRI.M.CHATHUKUTTY NAMBIAR RESPONDENT(S) : ------------------------ 1. THE DISTRICT COLLECTOR, TRICHUR. 2. THE SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIATS, THIRUVANANTHAPURAM. 3. THE SECRETARY TO UNION OF INDIA, MINISTRY OF HOME AFFAIRS, F.F.DIVISION, LOK NAYAK BHAVAN, NEW DELHI. R1 & R2 BY GOVERNMENT PLEADER SRI. P.M. SANEER. R3 BY SRI. P.PARAMESWARAN NAIR, ASG OF INDIA . THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON 14/10/2011 DELIVERED THE FOLLOWING: NS W.P.C. NO. 36025/2004 APPENDIX PETITIONER'S EXIBITS : EXT. P1 : COPY OF THE ORDER GRANTING FREEDOM FIGHTERS STATE PENSION DATED 25.06.99 TO THE PETITIONER'S HUSBAND. EXT. P2 : COPY OF THE JUDGMENT OF THE HONOURABLE HIGH COURT OP NO.20092/2001 DATED 20.03.2003. EXT.P3 : COPY OF THE ORDER PASSED BY THE FIRST RESPONDENT DATED 15.09.2003 EXT. P4 : COPY OF THE S.S.S. PENSION SCHEME. EXT.P5 : COPY OF THE CERTIFICATE ISSUED BY MR. P.A. JOSEPH TO THE PETITIONER'S HUSBAND DATED 12.11.1998. EXT.P6 : COPY OF THE CERTIFICATE ISSUED BY MR. V.M. ARAVINDAKSHA PANICKAR TO THE PETITIONER'S HUSBAND DATED 25.04.1999. EXT. P7 : COPY OF THE CERTIFICATE ISSUED BY MR. M.NARAYANAN NAIR TO THE PETITIONER'S HUDBAND DATED 16.12.1998. EXT.P8 : COPY OF THE CERTIFICATE ISSUED BY MR. P.O.ANTHAPPAN TO THE PETITIONER'S HUSBAND DATED 25.09.1998. EXT. P9 : COPY OF THE CERTIFICATE ISSUED BY MR. HAJI C.A.ABDUL KADAR TO THE PETITIONER'S HUSBAND DATED 12.07.1998. EXT.P10 : COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR TRICHUR DATED 25.061999. RESPONDENT'S EXHINITS : NIL / TRUE COPY / P.A. TO JUDGE NS B.P. RAY, J. - - - - - - - - - - - - - - - - - W.P.(C) No.36025 of 2004 - - - - - - - - - - - - - - - - Dated this the 14th day of October, 2011. JUDGMENT The petitioner is the wife of Mr. Karunakaran who was a freedom fighter. She is getting pension from the State of Kerala and has applied to the Central Government for grant of Swatantrata Sainik Samman Pension (Central Freedom Fighters Pension) since 1972. No final decision has been taken by the Central Government in this regard. 2. Heard the learned counsel for the petitioner and the learned Assistant Solicitor General. The learned counsel for the petitioner has given me a copy of the judgment in O.P. No. 30679 of 2000. 3. It has been repeatedly held by the Supreme Court that when freedom freighters are applying for pension, it is for the State Government to verify the same. As already all the documents may not be with them, the non availability of records certificate issued by the Jail authorities was considered and found that the contention of the petitioner are correct and by Ext.P10 State Government recommended for the grant of Central W.P.(C). No. 36025/2004 -:2:- Pension. So, after verification of the matter by the State Government and after finding that all the requirements under the scheme have been complied with, the request may not be rejected for non-production of non-availability of records certificate. Neither it is disputed at the Bar nor there is any iota of doubt to show that the petitioner's husband was a freedom fighter. 4. In the above circumstances, I direct the Central Government to grant pension to the petitioner and pension should be paid within three months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. sd/- B.P. RAY, JUDGE. rv W.P.(C). No. 36025/2004 -:3:- B.P. RAY, J. ----------------------------------------------------------- O.P.No. 13887 of 2002 ------------------------------------------------------------- Dated this the 20th day of September, 2011. W.P.(C). No. 36025/2004 -:4:- JUDGMENT