IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 5TH JANUARY 2011 / 15TH POUSHA 1932 WP(C).No. 22800 of 2008(L) -------------------------- PETITIONER(S): ------------------------- K.N. SANKUNNY, KOCHUVELIYIL, S.L.PURAM P.O, ALAPPUZHA. BY ADV. SRI.K.K.SATHEESH RESPONDENT(S): -------------------------- 1. UNION OF INDIA REPRESENTED BY THE DEPPUTY SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS' DIVISION, LOK NAYAK DHAWAN, KHAN MARKET, NEW DELHI - 110 003. 2. STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.S.KRISHNAMOORTHY, CGC FOR R1 GOVERNMENT PLEADER SRI.DILEEP MOHAN FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.22800/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE JAIL CERTIFICATE ISSUED BY THE SUPDT. OF CENTRAL PRISON, THIRUVANANTHAPURAM DT 5.5.2008. EXT.P2: TRUE COPY OF THE PROCEEDINGS NO.R.DIS.13802/72/F6 DATED 15.6.1972 OF THE DISTRICT COLLECTOR, ALAPPUZHA. EXT.P3: TRUE COPY OF the THAMRAPATHRA. EXT.P4: TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE RESPODNENTS DT 27.4.1998. EXT.P5: TRUE COPY OF TH ELETTER NO.6/1/97-FF(P) DT 7.4.2003 ISSUED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXT.P6: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIOENR DATED 19.5.2008 TO THE 2ND RESPONDENT. EXT.P7: TRUE COPY OF THE IDENTIFICATION CERTIFICATE ISSUED by the TAHSILDAR, CHERTHALA DT 12.5.2008. EXT.P8: TRUE COPY OF THE JUDGMENT DATED 11.7.2008 PASSED BY THIS HON'BLE COURT IN WP(C) NO.19212/2003. EXT.P9: TRUE COPY OF THE JUDGMENT DATED 11.4.2008 PASSED BY THIS HON'BLE COURT IN WPC NO.29732/2007. EXTS. OF R1 EXT.R1(a): TRUE COPY OF THE SALIENT FEATURES OF THE SCHEME. EXTS. OF R2 EXT.R2(a): A TRUE COPY OF THE LETTER DATED 30.11.2005. EXT.R2(b): A TRUE COPY OF LETTER DATED 27.8.08. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 22800 OF 2008 ===================== Dated this the 5th day of January, 2011 J U D G M E N T Petitioner submits that in connection with Punnapra-Vayalar Freedom Struggle, he was an accused in CC No.2/1124 on the file of the Judicial First Class Magistrate Court, Cherthala. It is stated that he was convicted and sentenced to simple imprisonment for six months, and that, on that basis, he had undergone imprisonment in the Central Prison, Thiruvananthapuram for the period from 29th Chingam 1124 ME and was released on 25th of Kumbham 1124. By Ext.P2, he was granted freedom fighters' pension under the State Scheme and Ext.P3 is the copy of thamrapathra awarded to him. 2. He submitted Ext.P4 application for the benefit of the Swatantrata Sainik Samman (SSS) Scheme contending that by virtue of his imprisonment pursuant to Ext.P1, he was entitled to the benefit. Subsequently, based on Ext.P5, relaxing the requirement of the central rule and providing that even those who have undergone imprisonment subsequent to the independence are also eligible for the benefit of pension, petitioner submitted WPC No. 22800/08 :2 : Ext.P6 representation enclosing Ext.P1 and also Ext.P7 certificate of the Tahsildar. Despite all these, the State Government did not recommend his case to the Central Government, as a result of which, he did not get pension under the SSS Scheme. It is in these circumstances, the writ petition has been filed. 3. In the counter affidavit filed, the reason stated by the 2nd respondent is that there was nothing to prove that the imprisonment undergone by the petitioner was in connection with Punnapra-Vayalar struggle, which has been recognised as a part of freedom struggle. It is stated that although the District Collector had forwarded the certificate produced by the petitioner to the Jail Superintendent, the Jail Superintendent replied that there was no record available to verify the genuineness of his claim. Further, it is also stated that along with the representation of the petitioner dated 2/5/2003, petitioner enclosed a co-prisoner certificate from one Sri.P.A.Solomon, Ex.M.P and a certificate from Sri.Narayanan Raman Kutty. It is stated that the certificate of Sri.P.A.Soloman was to the effect that the petitioner was a co- prisoner with him in Alappuzha Sub Jail from February, 1947 to December, 1947. Counter affidavit further states that WPC No. 22800/08 :3 : Sri.Narayanan Raman Kutty had also certified that the petitioner was a co-prisoner with him for the period from 14/10/46 to 14/7/1947. It is stated that, in view of the contradiction in the dates, the co-prisoner certificates were also not reliable. Government therefore submits that, it was for these reasons that they did not recommend the case of the petitioner. It is also stated that, on account of the above, Government of India rejected the claim of the petitioner by Ext.R2(a) order. 4. The only question that arises for consideration is whether on the materials available, the petitioner has established that he has undergone imprisonment for a period not less than 6 months on being convicted in a criminal case, which has connection with the Punnapra-Vayalar Freedom Struggle as claimed by him. In this writ petition, the only document that is relied on by the petitioner to substantiate has claim is Ext.P1. Ext.P1 certificate issued by the Superintendent of the Central Prison, Thiruvananthapuram dated 5/5/2008 reads as under:- This is to certify that Narayanan Sankunni, Kudilil Veedu, Thanniarmukkum, Thekkupakuthi, Sherthala Taluk, Kottayam was convicted and sentenced to SI for 6 months u/s 9(5) r/w S(1)(a) Act 1/22 in CC No.2/124 wt. No.5/124 dated 26/1/1124(ME) of the Hon'ble First Class Magistrate, Sherthala. He was admitted in the WPC No. 22800/08 :4 : prison on 29th Chingam, 1124 (Malayalam Era) as C.No.9570 and was released on 25th Kumbham 1124 on expiry of sentence. 5. This certificate does not in any manner indicate that the imprisonment undergone by the petitioner was in any manner connected with the freedom struggle either in relation to Punnapra-Vayalar Freedom Struggle or any other incident. In the absence of any indication in Ext.P1 and in the absence of any further material produced by the petitioner to substantiate his claim, I am not in a position to accept the case of the petitioner that he has established his claim of having undergone imprisonment for the period prescribed in connection with the freedom struggle. Further, the co-prisoner certificate produced by the petitioner was also contradictory in nature. In such circumstances, Government of Kerala cannot be faulted for having not recommended the case of the petitioner to the 1st respondent. I am not in a position to grant any relief to the petitioner. Writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE Rp