IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 17TH FEBRUARY 2009 / 28TH MAGHA 1930 OP.No. 37696 of 2002(K) ---------------------------------- PETITIONER: --------------- K.R. CHANDRAN PILLAI, CHANDRA VILASOM VEEDU, CHIRAKKARA PUTHEN KULAM, SOUTH PARAVUR, KOLLAM DISTRICT. BY ADV. SRI.B.MOHANLAL RESPONDENTS: ----------------------- 1. UNION OF INDIA REPRESENTED BY THE SECRETARY HOME AFFAIRS, FREEDOM FIGHTERS DIVISION, LOK NAYAK BHAVAN, NEW DELHI - 110 003. 2. STATE OF KERALA REPRESENTED BY THE COMMISSIONER AND SPECIAL SECRETARY TO GOVT., GENERAL ADMINISTRATION FREEDOM FIGHTERS PENSION (FFP) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT ADVISORY COMMITTEE FOR FREEDOM FIGHTERS PENSION HEADED BY THE DISTRICT COLLECTOR, COLLECTORATE, KOLLAM. ADV. SRI.B.N.SHIV SHANKAR, ADDL.CGSC FOR R1 R2 & R3 BY GOVERNMENT PLEADER SRI.SHYSON P.MANGUZHA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 17/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.NO.37696 OF 2002-K APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 3.7.92 EXT.P2 TRUE COPY OF THE SWATANTHARATA SAINIK SAMMAN PENSION SCHEME 1980 EXT.P3 TRUE COPY OF THE ORDER ISSUED BY THE CHIEF JUDICIAL MAGISTRATE, KOLLAM DT.13.10.92 EXT.P4 TRUE COPY OF THE CERTIFICATE ISSUED BY SRI.V.K.KARUNAKARAN TO THE PETITIONER DT.26.9.92 EXT.P4(A) TRUE COPY OF THE CERTIFICATE ISSUED BY SRI.UMMINI RAGHAVAN TO THE PETITIONERDT.20.6.92 EXT.P4(B) TRUE COPY OF THE CERTIFICATE ISSUED BY SRI.P.K.BHASKARAN TO THE PETITIONER DT.9.8.2001 EXT.P5 TRUE COPY OF ORDER NO.6351/FFP/B3/98/GAD DT.24.2.98 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXT.P6 TRUE COPY OF THIS HONOURABLE COURT IN O.P.NO.20335/2000 DATED 3.4.2001 EXT.P7 TRUE COPY OF ORDER NO.35047/FFP-B3/2001/GAD DATED 25.6.2001 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER EXT.P8 TRUE COPY OF ORDER NO.66441/FFP-B3/2001/GAD DATED 5.9.2002 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER / TRUE COPY / HARUN-UL-RASHID, J. ------------------------------------------- O.P.No.37696 of 2002 ------------------------------------------ Dated, this the 17th day of February, 2009 JUDGMENT The petitioner claims that he is a freedom fighter and had actively participated in the freedom struggle during the period 1944-1947. Petitioner alleges that he was an active participant in the Congress freedom agitations and Quit India Movement and that he was an accused in C.C.No.107/1946 of Quilon Divisional First Class Magistrate Court. The court issued arrest warrant in the said case and to avoid arrest he went underground and absconded for the period from 14.11.1946 to 15.8.1947. It is also stated in the original petition that he was arrested by the police several times on account of his participation in the Congress freedom agitations and Quit India Movement. 2. On 3.7.1992 petitioner submitted an application before the State Government for grant of freedom fighters pension. Ext.P1 is the copy of application. According to him, the Tahsildar concerned and the District Advisory Committee for Freedom Fighters Pension have recommended his case for grant of State pension. Exts.P4, P4(a) and P4(b) are the certificates produced by the petitioner in support of his application. By O.P.No.37696 of 2002 2 Ext.P7 order the Government considered the application and found that the certificates produced by the petitioner do not conform to the requirements of the Scheme for the reasons stated in Ext.P7. The three certificates produced by the petitioner are found not acceptable for the valid reasons stated in Ext.P7 order. Therefore, the petitioner's request for grant of Kerala Freedom Fighters Pension was rejected. Ext.P8 is the order passed by the Government on the basis of the petition dated 27.7.2001 filed by the petitioner subsequent to Ext.P7 order. The Government again considered the matter and confirmed Ext.P7 by stating that the said order is self explanatory. 3. Going by the facts and circumstances of the case, I feel that an opportunity shall be given to the petitioner to produce valid certificates acceptable to the Government. The claim was rejected for the reason that the certificates produced by the petitioner do not conform to the requirements of the Scheme. The petitioner has stated in detail his participation in the freedom movement and if the facts alleged in the original petition are true, certainly he is entitled to the grant of State pension. O.P.No.37696 of 2002 3 4. In the circumstances, the petitioner is given liberty to produce certificates which conform to the requirements of the Scheme. If such certificates are produced within a period of one month from today, the State Government shall reconsider Exts.P7 and P8 and pass appropriate orders on merits after affording him an opportunity of being heard. Original petition is disposed of as above. HARUN-UL-RASHID, JUDGE vns