IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(C).No. 21369 of 2007(R) -------------------------- PETITIONER: ------------------- K.VARGHESE, KODIYANTHARA, MARKET ROAD, ALAPPUZHA. BY ADV. SRI.K.K.SATHEESH RESPONDENTS: ----------------------- 1. UNION OF INDIA, REPRESENTED BY THE UNDER SECRETARY TO GOVT., MINISTRY OF HOME AFFAIRS FREEDOM FIGHTERS' DIVISION, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI - 3. 2. STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.P.MURALEEDHARAN, ADDL.CGSC THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/04 /2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX Petitioner's Exhibits:- P1: Copy of the proceedings of the Dist.Collector, Alappuzha dtd.30.9.1989. P2: Copy of the recommendation letter dtd.21.5.99/17-6-99 issued by the 2nd respondent to the first respondent. P3: Copy of the communication No.119/82/99/G/FF(SZ) dtd.8/7/99 issued by the 1st respondent to the petitioner. P4: Copy of the representation dtd.10.9.99 submitted by the petitioner to the 1st respondent. P5: Copy of the representation submitted by the petitioner to the first respondent dtd.22.8.2005. P6: Copy of the judgment dtd.10.7.06 passed by this Hon'ble Court in WP(C).No.28571/05. P7: Copy of the communication No.52/CC/KER/125/2005-FF(SZ) dtd. 18/10/2006 issued by the first respondent to the 2nd respondent. P8: Copy of the review petition submitted by the petitioner dtd.15.6.07 to the 1st respondent. P9: Copy of the PKC issued by Sri.H.K.Chakrapani dtd.9.6.2007. P10: Copy of the PKC issued by SRI.T.F.Yohannan @ Kannamali Yohannan dtd.10.6.2007. P11: Copy of the NARC issued by the Circle Inspector of Police, Alappuzha South. P12: Copy of the NARC issued by the CJM Court, Alappuzha. P13: Copy of the judgment dtd.29.9.2000 passed by this Hon'ble Court in OP.No.7749/2000. Respondents' Exhibits:- Nil. (True copy) PA to Judge. kvs/- T.R.RAMACHANDRAN NAIR, J. ========================= WP(C).No.21369 of 2007-R. ========================= Dated this the 9th day of April, 2008. J U D G M E N T The petitioner's application for grant of Swatantrata Sainik Samman (SSS) Pension stands rejected by Ext.P7 order. He has filed Ext.P8 representation seeking to review the same along with Personal Knowledge Certificate (PKC) issued by Sri.H.K. Chakrapani Ext.P9 and another by Sri.T.F.Yohannan Ext.P10. Ext.P11 is the Non-availability of Records Certificate (NARC) from the Circle Inspector of Police, Alappuzha South, Ext.P12 is the NARC from the Chief Judicial Magistrate Court, Alappuzha. 2) A reading of Ext.P7 would show that the main reasons for rejection of the application are that, there is absence of primary evidence, a valid NARC and acceptable personal knowledge certificate. In this case there is a positive recommendation by the State Government evidenced by Ext.P2. In a similar case, in Ext.P13 judgment in OP.No.7749/2000, this Court has taken the WP(C).No.21369 of 2007-R. -: 2 :- view that once the State Government has recommended the application it cannot be rejected mainly on the ground that NARC was not given by the State Government. Reliance was placed on the decision of the Apex Court in Mukund Lal Bhandari & others v. Union of India & others (AIR 1993 SC 2127). Ext.P13 have been upheld in WA.No.571/2001. 3) In the light of the same Ext.P7 is hereby quashed. The first respondent will reconsider the matter and pass orders on Ext.P8 based on the PKCs. produced by the petitioner namely Exts.P9 & P10 and the recommendation by the State Government. Appropriate orders shall be passed within two months from the date of production of a copy of this judgment. In the event of sanction of pension the petitioner will be entitled for payment of arrears from the date of receipt of his application for SSS Pension. The writ petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-