IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 30TH JANUARY 2009 / 10TH MAGHA 1930 WP(C).No. 24833 of 2005(F) --------------------------------------- PETITIONER(S): ----------------------- AYYAPPAN NARAYANAN, BHARANIKKARAN PURAYIDAM, REDDIAR VALAPPU, VATTAYAL WARD, ALAPPUZHA-2. (DIED) ADDL . P2 IMPLEADED. 2. PANKAJAKSHI, W/O. LATE AYYAPPAN NARAYANAN, AGED 74, VELIYIL HOUSE, KUTHIRAPANTHY WARD ALAPPUZHA. ADDL.P2 IMPLEADED AS PER ORDER DT. 2.6.08 IN IA. NO.6433/08. BY ADV.MR.K.K.SATHEESH RESPONDENT(S): ------------------------ 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS' DIVISION, LOK NAYARK BHAVAN, KHAN MARKET, NEW DELHI-110 003. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, ALAPPUZHA. ADV. MR.TOJAN J.VATHIKULAM, ADDL.CGSC FOR R1 GOVERNMENT PLEADER SMT.K.L.LAKSHMI RANI FOR R2,3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.24833/2005 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE ORDER NO.R.DIS. 14096/72 DT. 14.9.73 ISSUED BY THE 3RD RESPONDENT. P2:- COPY OF THE APPLICATION FOR THE GRANT OF SSS PENSION SUBMITTED BY THE PETITIONER DT. 27.3.98. P3:- COPY OF THE PKC ISSUED BY SRI.P.A. SOLOMON EX=--MP DT. 9.2.73. P4:- COPY OF THE LETTER NO.119/2/GENL(1) /98/FF(SZ) DT. 5.1.99 ISSUED BY THE SIT RESPONDENT. P5:- COPY OF THE REPRESENTATION SUBMTITED BY THE PETITIONER DT. 15.7.05. P6:- COPY OF THE CO-PRISONER CERTIFICATE ISSUED BY SRI.P.A.SOLOMON EX-MP IN THE PRESCRIBED FROM DT. 3.7.05. P7:- COPY OF THE NARC ISSUED BY THE SUPDT. OF SPECIAL SUB-JAIL , ALAPPUZHA DT. 9.7.05. P8:- COPY OF THE AFFIDVIT DULY ATTESTED BY THE JUDICIAL IST CLASS MAGISTRATE, ALAPPUZHA DT. 1.2.99. P9:- COPY OF THE LETTER NO.52/CC/KER/20/2001-FF(SZ) DT. 28.1.04 ISSUED BY THE SIT RESPONDENT TO THE 2ND RESPONDENT. P10:- COPY OF THE ORDER NO.52/CC/K/69/04 -FF(SZ) DT. 3.2.05 ISSUED BY THE IST RESPONDENT. /TRUE COPY/ P.S. TO JUDGE tss HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO.24833 OF 2005 ---------------------------- DATED THIS THE 30TH DAY OF JANUARY, 2009 JUDGMENT Additional 2nd petitioner is impleaded in this writ petition consequent on the death of the petitioner-Ayyappan Narayanan. Petitoner was a freedom fighter. He had actively participated in the punnapra-Vayalar Movement during the freedom struggle. On account of his participation in the said struggle, he had undergone imprisonment in the defunct sub jail at Alleppey for a period from 1/12/1946 to 13/12/1947. Petitioner claimed that he is entitled to get the benefit of “Swatantratha Sainik Samman Pension” (SSS Pension). 2. The petitioner was a recipient of State pension. Ext.P1 is the order dated 14/9/1973 according sanction of pension. Ext.P2 is the application submitted by the deceased petitioner under the SSS pension scheme. Ext.P6 Co-prisoner certificate was produced, since Ext.P3 certificate originally produced was not in -2- W.P.(C).No.24833/05 the prescribed form. Ext.P7 is the Non-Availability of Records Certificate (NARC) issued by the Superintendent of Special Sub Jail, Alappuzha. Ext.P8 is the affidavit duly produced in support of Ext.P7. Clause 9 of the Swatantrata Sanik Samman Pension Scheme is extracted below. “The applicant should furnish the documents indicated below whichever is applicable:- (a) Imprisonment/Detention etc. Certificate from the concerned jail authorities, District Magistrates or the State Government. In case of non-availability of such certificates co-prisoner certificates from a sitting M.P. or M.L.A. or from an ex-M.P. or an ex- M.L.A. specifying the jail period. (Annexure-I in the application form).” 3. Going by the Scheme the requirement of production of certificate stated in Clause 9(a) is satisfied on the basis of the documents submitted by the petitioner. In this case the petitioner produced Ext.P6 Co-prisoner certificate ad Ext.P7 -3- W.P.(C).No.24833/05 NARC from the Superintendent of Special Sub Jail, Alappuzha. 4. In the counter affidavit filed by the respondents 2 and 3 it is stated that the Government of India is free to take an independent view irrespective of the recommendation of the District Collector. It is also stated that the application with enclosures has been forwarded to the Government of India with verification report vide Government letter dated 16/1/2006. 5. In paragraph 7 of the counter affidavit filed by the lst respondent it is stated that the State Government has reported that as per the enclosures received along with the representation, the claim of the petitioner is not recommendable and therefore not recommended for sanction of pension under the SSS Pension Scheme. It is further stated that in view of the non-availability of positive recommendation from the State Government, the petitioner's prayer is not acceptable. The reasons stated by the State Government for not recommending the application are not produced before this Court. The order is not produced by either -4- W.P.(C).No.24833/05 side. The requirement under Section 9(a) as stated above is the production of two certificates and it is for the State Government to enquire and report about the veracity of those certificates. On receipt of such report and other materials as enjoined under Clause 9(a) of the Scheme, the Central Government shall decide the application on merits. From the counter affidavit it is not clear whether any order has been passed based on the report of the State Government. In number of cases this Court examined the certificate issued by Sri P.A.Solomon, Ext-MP. This Court finds that Sri Solomon, Ex-MP is a recipient of Central pension under the very same scheme, which shows that he has undergone imprisonment for a period of not less than six months. Therefore, other documents in support of the application need not be insisted upon. 6. In view of Exts.P6 and P7 certificates, the State Government is directed to forward their verification report, after examining the materials on record, along with their entitlement -5- W.P.(C).No.24833/05 to pension report (recommendation), if the petitioner is found eligible, to the 1st respondent within a period of two months from the date of receipt of a copy of this judgment and on receipt of such report, the lst respondent shall pass appropriate orders within three months thereafter. It is needless to say that the petitioner is entitled to arrears of pension from the date of receipt of the application dated 27/3/1998, in case he is entitled to SSS pension. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. Kcv..