IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930 WP(C).No. 7683 of 2007(M) -------------------------------------- PETITIONER: ------------------- SAROJINI, W/O. C.K.CHALLAPPAN, AGED 72, PULLAMPARAVELY, MUHAMMA P.O., KERALA. BY ADV. SRI.J.OM PRAKASH. RESPONDENTS: ----------------------- 1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI. 2. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 BY ADV. SRI.P.PARAMESWARAN NAIR,ASST.S.G. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.7683/2007-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPLICATION OF THE PETITIONER'S HUSBAND DTD. 06/07/1998. EXT.P.2: COPY OF THE ORDER OF THE DISTRICT COLLECTOR, ALAPPUZHA DTD. 17/01/2003. EXT.P.3: COPY OF THE REPRESENTATION DTD. 09/09/2003 OF THE PETITIONER. EXT.P.4: COPY OF THE APPLICATION AND THE ORDER IN CASE NO. P.E. 7/1122 M.E. OF THE C.J.M. COURT ALAPPUZHA DTD. 18/08/05. EXT.P.5: COPY OF THE CERTIFICATE OF M.K. CHAKRAPANI DTD. 30/06/2005. EXT.P.6: COPY OF THE CONVICT REGISTER RELATING TO M.K. CHAKRAPANI DTD. NIL. EXT.P.7: COPY OF THE CENTRAL PENSION ORDER ISSUED TO M.K. CHAKRAPANI DTD. 18/06/2003. EXT.P.8: COPY OF THE ORDER DTD. 09/11/2006. EXT.P.9: COPY OF THE REPORT OF THE TAHSILDAR, CHERTHALA DTD. NIL. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.7683/2007-M ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 1st day of December, 2008. J U D G M E N T The petitioner is the widow of Sri.C.K.Chellappan, a freedom fighter, who actively participated in the Punnapra-Vayalar Freedom struggle. Ext.P1 is the application for grant of Swatantrata Sainik Samman Pension. The claimed underground period is more than six months from 30/10/1946 to 30/11/1947, pursuant to the late husband of the petitioner being arrayed as an accused in case No.P.E.7/1122 ME of the Special Magistrate Court, Alappuzha. Ext.P2 is the order sanctioning pension to the petitioner under the Kerala Freedom Fighters' Pension Scheme. Ext.P4 is the non-availability of records certificate issued from the Chief Judicial Magistrate Court, Alappuzha. Ext.P5 is the certificate issued by Sri.H.K.Chakrapani wherein it is stated that the petitioner's late husband remained underground for more than six months from 30/10/1946 to 30/11/1947 and the case number is mentioned as P.E.7/1122 (ME). Ext.P6 is the true extract of the convict register in respect of the certifier and Ext.P7 is the order granting pension under the S.S.S Pension Scheme to the certifier. Ultimately, by Ext.P8, the application was rejected by the Central Government. 2. A reading of Ext.P8 shows that the State Government has not forwarded a positive recommendation. The main reason stated in the letter of W.P.(C) No.7683/2007 -:2:- the State Government, dated 22/09/2006, extracted in Ext.P8 is that the affidavit from Shri.S.Damodaran, Ex-MLA cannot be accepted and the District Collector has in his report stated that in the application for State Pension, the petitioner's husband has claimed only six months of underground hardships and the case does not show that he has any kinship with case No.P.E.7/1122 ME. 3. The learned counsel for the petitioner submitted that the State Government did not properly consider the matter in the light of the certificates produced by the petitioner. It is pointed out that the applicant in Ext.P1 has clearly shown the underground suffering. The certifier, Sri.H.K.Chakrapani is a competent certifier and the particulars have been stated by him in Ext.P5. It is therefore, submitted that the report forwarded by the District Collector is without verifying the true aspects relating to the late husband of the petitioner. In Ext.P8, the other ground stated is with regard to the validity of non- availability of records certificate from the State Government. The said reason is not correct, in the light of the fact that this Court had taken the view in various cases that once the State Government forwards a positive recommendation, a separate non-availability of records certificate is not required. Therefore, the crucial question is to whether the action of the State Government in forwarding the letter dated 22/09/2007 without positive recommendation is correct or not. W.P.(C) No.7683/2007 -:3:- 4. Now that the petitioner has produced Ext.P5, the matter has to be reconsidered by the State Government. There is no dispute that Sri.H.K.Chakrapani is a competent certifier. The certificates relating to him have to be considered along with other materials available with the State Government. 5. Therefore, there will be a direction to the second respondent to consider the application of the petitioner along with the other available materials and forward a fresh verification-cum-entitlement report showing appropriate recommendation to the first respondent within a period of two months from the date of receipt of the copy of this judgment. The first respondent will reconsider the matter in the light of the fresh verification-cum- entitlement report forwarded by the State Government and pass appropriate orders within two months thereafter. If pension is sanctioned, then the entitlement of the applicant for receipt of arrears from the date of receipt of Ext.P1 will also be considered by the Central Government. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms