IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 WP(C).No. 30375 of 2007(N) --------------------------------------- PETITIONER(S): ------------------------------ A.V.PARAMESWARAN, ARAKKAPARAMBIL HOUSE, NORTH ARYAD P.O., KOMALAPURAM VILLAGE, ALAPPUZHA. ADDL. P2 IS IMPLEADED 2. LAKSHMI , W/O. LATE A.V.PARAMESWARAN, ARAKKAPARAMBIL HOUSE, NORTH ARYAD P.O., ALAPPUZHA DT. IMPLEADING CARRIED OUT AS PER ORDER IN IA. 8619/08 DT. 9.7.08. BY ADV. MR.K.K.SATHEESH RESPONDENT(S): ------------------------- UNION OF INDIA, REPRESENTED BY THE UNDER SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS' DIVISION, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-3. ADV. MR.P.PARAMESWARAN NAIR, SC, MR.M.R.JAYAPRASAD, CGC FOR R THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.30375/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER FOR THE GRANT OF FREEDOM FIGHTERS' CENTRAL PENSION DT. 23.2.72 TO THE RESPONDENT. P2:- COPY OF THE LETTER NO.19/2767/73-FF(SZ) DT. 28..97 ISSUED BY THE RESPONDENT TO THE PETITIONER. P3:- COPY OF THE ORDER NO.19/2767/73-FF(SZ) DT. 25.1.99 ISSUED BY THE RESPONDENT. P4:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DT. 6.2.99. P5:- COPY OF THE LETTER NO.19/2767/73-FF(SZ) DT. 25.2.99. P6:- COPY OF THE JUDGMENT DT. 20.8.03 OF THE HONOURABLE HIGH COURT IN OP. 18547/99. P7:- COPY OF THE LETTER NO.52/CC/KER/373/99-FF(SZ) LIT. II DT. 11.3.04 ISSUED BY THE RESPONDENT. P8:- COPY OF THE JUDGMENT DT. 18.5.05 OF THIS HONOURABLE COURT IN WPC. NO.10812/04. P9:- COPY OF THE JUDGMENT DT. 16.1.06 PASSED BY THE DIVISION BENCH OF THIS HONOURABLE COURT IN WA. NO.2569/05. P10:- COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DT. 10.2.06. P11:- COPY OF THE REMINDER SUBMITTED BY THE PETITIONER DT. 30.6.06. P12:- COPY OF THE REMINDER SUBMITTED BY THE PETITIONER DT. 29.9.06. TRUE COPY P.A. TO JUDGE TSS HARUN-UL-RASHID, J. ---------------------------------------- W.P.(C) No.30375 of 2007 ---------------------------------------- Dated this the 24th day of March, 2009 JUDGMENT During the pendency of this writ petition the petitioner died. So his wife is impleaded as the legal representative of the deceased petitioner. 2. It is the case of the petitioner that he was a freedom fighter who had actively participated in the Freedom Struggle Movements launched by the Travancore State Congress as well as the Indian National Congress. Petitioner had participated actively for the establishment of responsible Government and adult Franchise under the leadership of the Travancore State Congress and also in the Civil Disobedience Movement in the year 1938. Since the Police were hunting after him for arrest with warrant in case No.P.E. 6/1938 to evade the arrest he had gone underground for a period of more than one year from 23.10.1938 to 22.11.1939 and as such he is entitled to get the benefit of Freedom Fighters' Central Pension Scheme 1972. 3. The petitioner is a recipient of State Pension with effect from 1.4.1971 He is the holder of Thamrapathra award Ext.P1 is the application submitted by the petitioner for the grant of Swathantrata Sainik Samman(Central Pension) as early as on 23.2.1972. W.P.(C) No. 30375 of 2007 -2- 4. By Ext.P2, the respondent informed the petitioner that it is not possible to grant him pension due to the reason that he had participated in the freedom struggle launched by the Travancore State Congress and the participation in the movements launched by Travancore State Congress and Punnapra-Vayalar struggle have not been recognised as a part of the National Freedom Movement by the Central Government for the purpose of grant of SSS Pension. 5. By Ext.P3 order dated 25.1.1999 the Central Government accorded sanction for grant of Central Samman pension to the petitioner provisionally from the Central Revenues with effect from 20..1.1998. to 31.7.1998. 6. The petitioner submitted Ext.P4 representation dated 6.2.1999 requesting for payment of arrears of SSS Pension from 1.8.1980 to 20.1.1998 and that application was declined by the Central Government vide Ext.P5 stating that the petitioner's sufferings were related with the Punnapra-Vayalar struggle which was recognised for the purpose of the grant of SSS Pension only on 20.1.1998 and hence pension has been granted to him from the date of recognition of the said struggle. 7. The petitioner challenged Ext.P5 in O.P No. 18547 of 1999 before this Court. Ext.P6 is the judgment passed by this Court in O.P No. 18547/1999. Vide judgment dated 20.8.2003 in the said O.P this court quashed Ext.P5 and directed the Central Government to look into the matter once again with reference to the actual claims that have been presented and recognised. 8. Ext.P7 is the letter No.52/CC/Ker/373/99-FF (SZ) Lit.II dated W.P.(C) No. 30375 of 2007 -3- 11.3.2004 issued by the respondent in compliance with Ext.P6 judgment The respondent reiterated the same stand as in Ext.P5 and declined to grant any reliefs. 9. The petitioner challenged Ext.P7 in writ petition No. 10812/2004 Ext.P8 is the copy of the judgment. In Ext.P8 judgment this Court held that the petitioner was granted Central Freedom Fighter's Pension not on the basis of his participation in the Punnapra-Vayalar Struggle but on account of his underground suffering pursuant to his participation in the freedom struggle for the period from 23.10.1938 to 22.11.1939. The Punnapra Vayalar struggle was occasioned much later during 1946. This Court quashed Ext.P7 order and issued direction to the Central Government to pay arrears of Pension to the Petitioner with effect from the date of his application for pension dated 23.2.1972 within a period of 3 months from the date of receipt of copy of the judgment. 10. The respondent preferred writ appeal No. 2569/2005 against Ext.P8 judgment The said appeal was considered by this Court along with other 2 connected appeals. In Paragraph 6 this Court held that the direction of the learned Single Judge to give SSS pension with effect from 23.3.1972 cannot stand, because the claim of the petitioner is only from 1.8.1980 to 20.1.1998. Therefore the Court directed the Central Government to consider the petitioner's claim afresh and pass orders on the basis of Ext.P9 judgment, on a fresh representation submitted by the petitioner. 11. Thereafter the Petitioner submitted Ext.P10 representation before the respondent Since there was no response he submitted Exts..P11 and Ext.P12 reminders. The petitioner pointed out that W.P.(C) No. 30375 of 2007 -4- 1.8.1980 is the date from which the Freedom Fighters' pension Scheme 1972 is renamed as SSS pension Scheme . It is not necessary to consider his claim from the year 1972 onwards that he is satisfied if his claim is allowed with effect from 1.8.1980. 12. It is relevant to note that the petitioner went underground during the period of 23.10.1938 to 22.11.1939 in connection with case No.P.E 6/1938 The Civil Disobedience movement occurred during that period. Therefore there is every chance for the petitioner to be involved in the Civil Disobedience movement of 1938 -1939. 13. In the same set of facts the Apex Court held in the decision reported in Union of India Vs. Radhamony 2005(4) KLT 27 as follows: Pension should be given to the applicant from he date on which the original application is received irrespective of whether the application is filed with or without requisite evidence. The sanction of pension would however be subject to the requisite proof in support of the claim The relevant date is the date on which the application was received by the authorities. 14. So there will be a direction to the respondent to consider Exts.P10 to P12 and pass appropriate orders within a period of two months from today. This writ petition is disposed of. (HARUN-UL-RASHID, JUDGE) es HARUN-UL-RASHID, J. --------------------------- W.P.(C) No.30375 of 2007 ---------------------------- JUDGMENT 24th March, 2009