IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 WP(C).No. 38000 of 2010(Y) -------------------------- PETITIONER(S): ---------------------- V.DEMIANOSE, SUSHAMA NIVAS, OPP. T.C.LTD., ELAMPALLOOR, KUNDARA P.O., KOLLAM. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENT(S): ----------------------- UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS DIVISION, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-110001. *ADDL.R2. THE GOVERNMENT OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL ADMINISTRATION (FFP-A), DEPARTMENT, SECRETARIAT, TRIVANDRUM. (*ADDITIONAL R2 IMPLEADED AS PER ORDER IN IA NO.2973/11 DATED 24.2.2011) ADV. SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 SRI.S.KRISHNAMOORTHY, CGC GOVERNMENT PLEADER SRI.GEORGE VADAKKEL SRI.P.PARAMESWARAN NAIR, ASG THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.38000/2010 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF PROCEEDING NO.N2.5878/99 DATED 6.11.2000 OF THE DISTRICT COLLECTOR, KOLLAM SANCTIONING THE STATE PENSION TO THE PETITIONER. EXT.P2: TRUE COPY OF LETTER NO.119/52 2000/FF (SZ) DATED 31/10/2000 OF CENTRAL GOVERNMENT ACKNOWLEDGING RECEIPT OF APPLICATION DATED 30.8.2000 OF THE PETITIONER. EXT.P3: TRUE COPY OF PERSONAL KNOWLEDGE CRTIFICATE (CERTIFICATE OF ABSCONDANCE) FROM CO-FREEDOM FIGHTER SHRI.M.SREEDHARAN PILLAI DATED 17.1.1996. EXT.P4: TRUE COPY OF PERSONAL KNOWLEDGE CERTIFICATE (CERTIFICATE OF ABSCONDANCE) FROM CO-FREEDOM FIGHER SHRI. O.RAGHAVAND ATED 4.11.1998. EXT.P5: TRUE COPY of PERSONAL KNOWLEDGE CERTIFICATE OF CO- FREEDOM FIGHTER SHRI.HK CHAKPRAPANI DATED 12.6.2005. EXT.P6: TRUE COPY OF LETTER NO.119/9/2008-FF(SZ) DATED 19.11.2008 OF GOVERNMENT OF INDIA REJECTING PETITIONER'S APPLICATION. EXT.P7: TRUE COPY OF LETTER NO.3689/FFP-A3/2009/GAD DATED 15.5.2009 OF THE STATE GOVT. WITH CLARIFICATION ANDISSUING AN NARC. EXT.P8: TRUE COPY OF LETTER NO.3689/FFP-A3/2009/GAD DATED 23/10/2009 OF THE STATE GOVT. FORMALLY RECOMMENDIGN PETITIONER'S CASE. EXTS OF R1 EXT.R1(a): TRUE COPY OF THE SALIENT FEATURES OF SSS PENSION SCHEME. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 38000 OF 2010 ===================== Dated this the 10th day of August, 2011 J U D G M E N T Petitioner claims to be a freedom fighter and is a recipient of the pension under the State Freedom Fighters' Pension Scheme. Petitioner is aggrieved by Ext.P6 order whereby an application made by him for the benefit of the Swathanthra Sainik Samman Pension Scheme was rejected. 2. According to the petitioner, subsequent to Ext.P6, by Exts.P7 and P8, additional 2nd respondent has recommended the petitioner's application for grant of pension. Therefore, it is contended that Ext.P6 order is liable to be set aside and that he is entitled to be granted pension as prayed for. 3. However, in the counter affidavit filed by the 1st respondent, in para 10, it is stated thus: “That in reply to averment made in para 1, it is submitted that as per records available,the letters of the State Government of Kerala as produced and marked as Ext.P7 and P8 have not been received by the respondent. Hence, without the availability of pre-requisite supporting documents, the question of re-consideration of the claim of the petitioner for grant of pension under SSS Pension Scheme, 1980 by the petitioner does not arise”. 4. While it is the case of the 1st respondent as above, the WPC No. 38000/2010 :2 : additional 2nd respondent in the counter affidavit has stated in para 5 thus:- “Government had reconsidered the petitioner's case on the basis of th enquiry report of the village officer, Mulavana dated 14/12/2001 and furnished a report to the Government of India stating that, before the re- organization of the states on linguistic basis Ambalappuzha now a part of Alappuzha district was a part of Kollam, the native district of the applicant. In addition to this a Non-Availability of Records Certificate (NARC) as prescribed under the Swathantrata Sainik Samman Pension Scheme, 1980 with due recommendation report was furnished to the Central Government vide letters No.3689/FFPA3/2009/GAD dated 15.5.2009 and 23.10.2009. But no reply from the Government of India has yet been received in this regard”. 5. Evidently therefore while the State Government asserts to have forwarded the recommendation, Central Government reiterates that it has not received its recommendations. In such a situation, the issue can be resolved by directing the 2nd respondent to forward their recommendations mentioned in para 5 of the counter affidavit afresh in terms of the provisions of the scheme. This the 2nd respondent shall do as expeditiously as possible, at any rate within 6 weeks of receipt of a copy of this judgment. 6. It is directed that on receipt thereof, the 1st respondent WPC No. 38000/2010 :3 : shall reconsider the application of the petitioner and pass fresh orders in the light of Exts.P7 and P8. Such orders shall be passed at any rate within 8 weeks thereafter. In order to enable the 1st respondent to reconsider the matter as above, I quash Ext.P6. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp