IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 33504 of 2006(L) -------------------------- PETITIONER(S): --------------- K.V.VELUKUTTY, S/O.KOCHU VELAYUDHAN, AGED 84 YEARS, CHIRAYIL PUTHEN VEEDU, MATHILIL P.O., KOLLAM. BY ADV. SRI.S.HARIKRISHNAN SRI.JAMES ABRAHAM (VILAYAKATTU) SMT.REKHA VASUDEVAN RESPONDENT(S): --------------- 1. UNION OF INDIA, REP. BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS (FREEDOM FIGHTERS PENSION DIVISION), LOK NAYAK BHAVAN, NEW DELHI. 2. STATE OF KERALA, REP. BY ITS PRINCIPAL SECRETARY, GENERAL ADMINISTRATION (FREEDOM FIGHTERS PENSION-A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.M.L.SURESH KUMAR, CGC FOR R1 R2 BY GOVERNMENT PLEADER SRI. L.G. SURESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER NO. D.DIS. 11855/73 DATED 1.8.1973 OF THE DISTRICT COLLECTOR, KOLLAM. EXT.P2 TRUE COPY OF THE LETTER DATED 25.8.1975 ISSUED BY AN UNDER SECRETARY OF THE FIRST RESPONDENT. EXT.P3 TRUE COPY OF THE JUDGMENT DATED 13.6.2001 ISSUED BY THIS HON'BLE COURT IN OP 7142 OF 1999 EXT.P4 TRUE COPY OF THE APPLICATION DATED 25.6.2001 BEFORE THE RESPONDENT. EXT.P5 TRUE COPY OF THE PROCEEDINGS NO. 51420/FFPA3/2001/AD DATED 22.8.2001 EXT.P6 TRUE COPY OF THE LETTER NO. 52/K/139/99-FF(SZ) LIT.II DATED 21.9.2001 ISSUED BY THE FIRST RESPONDENT. EXT.P7 TRUE COPY OF THE CO-PRISONER CERTIFICATES DATED 17.6.1998, 17,9.1981, 21.4.1983 AND 27.5.1983 ISSUED BY SRI. UMMINI RAGHAVAN, SRI. K. CHANDRASEKHARA SASTHRI, EX. MLA, SRI. ULLOOR GOPI AND SRI. THURUVIKKAL BHASKARAN NAIR EXT.P8 TRUE COPY OF THE PERSONAL KNOWLEDGE CERTIFICATES DATED 10.2.1973 AND 20.4.1974 ISSUED BY SRI. VARADARAJAN NAIR, MLA, AND ALIKUNJU SASTHRI, EX.MLA EXT.P9 TRUE COPY OF THEREJECTION OF THE APPLICATION OF CHIEF JUDICIAL MAGISTRATION, KOLLAM AND TRIVANDRUM AS PER ORDERS DATED 4.9.1974 AND 26.5.1989. EXT.P10 TRUE COPY OF THE CERTIFICATE EVIDENCING FOR THE TREATMENT OF TUBERULOSIS ISSUED BY DR. C.V. PRATHAPAN. EXT.P11 TRUE COPY OF THE JUDGMENT DATED 26.6.2003 IN OP NO. 4217 OF 2002 OF THIS HON'BLECOURT. EXT.P12 TRUE COPY OF THE LETTER NO. 52/CC/K/21/2002-FF(SZ) DATED 11.8.2003 ISSUED BY THE FIRST RESPONDENT. EXT.P13 TRUE COPY OF THE JUDGMENT DATED 27.10.2005 OF THIS HON'BLE COURT IN WPC 37665/04 EXT.P14 TRUE COPY OF THE LETTER NO. 82032/FFP.A3/05/GAD DATED 6.3.2006 ISSUED BY THE 2ND RESPONDENT. EXT.P14(a) TRUE COPY OF THE LETTER DATED 17.3.2006 ISSUED BY THE 2ND RESPONDENT TO THE COUNSEL FOR THE PETITIONER. EXT.P15 TRUE COPY OF THE COMMUNICATION NO. 52/CC/K/5/2005-FF(SZ) DATED 9.5.2006 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER. EXT.P16 TRUE COPY OF THE LETTER DATED 4.8.2006 SENT BY THE COUNSEL FOR THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C.N. RAMACHANDRAN NAIR, J. -------------------------------------------- W.P.C. NO. 33504 OF 2006 -------------------------------------------- Dated this the 19th day of September, 2008 JUDGMENT Petitioner is challenging Ext.P15 whereunder the Central Government has declined pension to the petitioner under Swatantrata Sainik ;Samman Pension Scheme, 1980, for the reason that petitioner has not satisfied the conditions such as imprisonment during freedom struggle. Standing counsel appearing for the Central Government submitted that State Government has not recommended petitioner's case. Even though counsel for the petitioner relied on Ext.P7 certificate issued by co-prisoner and the observations of this Court in Ext.P13 judgment, it is clear from the Scheme that eligibility has to be certified by the State Government, and unless eligibility is certified by the State Government, pension cannot be granted. On going through Ext.P15, I find that petitioner's claim is declined on the ground that State Government has not recommended the case of the petitioner for want of proof. In the circumstances W.P.C. is devoid of any merit and is dismissed. (C.N. RAMACHANDRAN NAIR) Judge kk 2