IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 WP(C).No. 8896 of 2006(H) ------------------------------------- PETITIONER: ------------------- JANU, W/O. K.K. THANKAPPAN, KUTTARATHIL HOUSE, UZHUA, VAYALAR EAST, KALAVAMKODAM P.O., CHERTHALA. 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 FIGHTER'S DIVISION, MINISTRY OF HOME AFFAIRS, NEW DELHI. 3. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, THIRUVANANTHAPURAM. R1 & R2 BY ADV. SRI.VARGHESE J.PUNNACHALIL,ADDL.CGSC BY GOVERNMENT PLEADER SMT.T.B.RAMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.8896/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE CERTIFICATE ISSUED BY THE SUPERINTENDENT , SUB JAIL, ALAPPUZHA DT. 14.8.73. EXT.P2:- COPY OF THE ORDER PASSED BY THE DISTRICT COLLECTOR, ALAPPUZHA DT. 10.6.72. EXT.P3:- COPY OF THE LETTER OF THE DISTRICT COLLECTOR, ALAPPUZHA DT. 4.8.73. EXT.P4:- COPY OF THE CO-PRISONER CERTIFICATE OF SRI.P.A.SOLOMON EX.M.P. IN THE PRESCRIBED FORM DT. 9..3.05. EXT.P5:- COPY OF THE APPLICATION AND ORDER IN CASE NO.PE.10/1122 OF THE C.J.M. COURT, ALAPPUZHA DT. 3.5.05. EXT.P6:- COPY OF THE REPRESENTATION OF THE PETITIONER DT. 12.3.05. EXT.P7:- COPY OF THE ORDER OF THE IST RESPONDENT DT. 12.12.05. EXT.P8:- COPY OF THE LETTER DT. 28.1.04 ISSUED BY THE UNDER SECRETARY TO GOVERNMENT OF INDIA MINISTRY OF HOME AFFAIRS EXT.P9:-COPY OF THE ORDER OF THE LETTER ISSUED BY THE UNDER SECRETARY TO GOVERNMENT OF INDIA DT. B.2 2005. EXT.P10:- COPY OF THE JUDGMENT IN WP. C. NO.19261/055 DT. 31.1.06 OF THIS HONOURABLE COURT. EXT.P11:- COPY OF THE REPORT OF THE TAHSILDAR DT. NIL. EXT.P12:- COPY OF THE AVAILABLE COPY OF THE JUDGMENT IN P.E. 10/122 DT. NIL. /TRUE COPY/ P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR, J. = = = = = = = = = = = = = = = = WP(C).No.8896 OF 2006-H. = = = = = = = = = = = = = = = = Dated this the 4th day of January, 2008. J U D G M E N T The petitioner is the widow of late Sri.K.K.Thankappan (Karuthakunju Thankappan) who was a freedom fighter and who had actively participated in the Punnapra Vayalar Struggle. He was the recipient of State Freedom Fighters Pension and was also awarded Thamprapathra which facts are evidenced by Exts.P2 & P3. Ext.P4 is the co-prisoner certificate issued by Sri.P.A.Solomon, Ex.M.P. As per Ext.P7 the application was rejected for various reasons stated therein. It appears that the State did not recommend the application for want of proof. 2. In the counter-affidavit filed by the State Government it is admitted in para.6 that, 'as per the available copy of the records in case No.PE.10/122 the petitioner's husband was 21st accused. But as per the jail records his period of imprisonment is below 2 months.' Here, the personal knowledge certificate issued by Sri.P.A.Solomon will show WP(C).No.8896 OF 2006-H. 2 that what is claimed is under-trial imprisonment for more than two months from October, 1946 to September, 1947 in case No.P.E.10/1946 and it is not an imprisonment after conviction. The learned counsel for the petitioner invited my attention to Ext.P11 report of the Tahsildar while recommending the application for grant of State pension. In Col.No.1 it is stated that, 'the applicant has participated in Punnapra Vayalar Struggle. He was wounded due to police firing and hence he was under treatment at Alleppey for one year in police custody.' 3. Since the above document was not available at the time of consideration of the application of the petitioner by the State Government, it is only proper that the State Government is directed to reconsider the matter afresh. Ext.P7 is therefore quashed. The application of the petitioner for grant of SSS Pension is directed to be reconsidered. The petitioner will produce a copy of Ext.P11 before the State Government along with a representation within one month from the date of receipt of a copy of this judgment. After considering the relevant aspects and after perusing the files relating to the same, the State government shall forward the verification-cum-entitlement report showing the recommendation to the first respondent within a further WP(C).No.8896 OF 2006-H. 3 period of two months thereafter. On receipt of the records from the State Government the first respondent shall re-examine the application for grant of SSS Pension within a further period of two months. If the pension is sanctioned the claim for arrears from the date of receipt of the application will also to be considered. The writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/