IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 WP(C).No. 17641 of 2007(A) -------------------------- PETITIONER(S): --------------- M.K.RAGHAVAN, PUTHUVAL NIKARTHU, V.P.WARD-10, VAYALAR P.O., NOW RESIDING AT THAKIDIVELIYIL HOUSE, MANNANCHERRY P.O., KALAVOOR, ALAPPUZHA. ADDITIONAL PETITIONER: *PANKAJAKSHI, W/O.LATE M.K.RAGHAVAN, THAKIDIVELIYIL HOUSE, MANNANCHERRY P.O., KALAVOOR, ALAPPUZHA. (*IS IMPLEADED AS ADDITIONAL PETITIONER AS PER ORDER IN I.A.No. 11014/2008 DTD.29.8.2008) BY ADV. SRI.K.K.SATHEESH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, GENERAL ADMINISTRATION (FFP.B) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, ALAPPUZHA. GOVERNMENT PLEADER SHRI.BIJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 17641/2007 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE COMMUNICATION DTD.4.8.1987. P2. COPY OF THE LETTER DTD.24.11.94 BY R1. P3. COPY OF THE ORDER DTD.7.3.2001 OF THE DISTRICT ADVISORY COMMITTEE, ALAPPUZHA. P4. COPY OF THE LETTER DTD.2.4.2001 BY R2. P5. COPY OF THE PKC ISSUED BY NARAYANAN RAMANKUTTY DTD.28.7.2001. P6. COPY OF THE PKC ISSUED BY SRI.H.K.CHAKRAPANI DTD.29.7.2001. P7. COPY OF THE JUDGMENT IN W.P.(C).No. 5128/2004 OF THIS COURT. P8. COPY OF THE LETTER DTD.22.3.2005 BY R1. P9. COPY OF THE PETITION DTD.8.5.2007 TO R1. P10. COPY OF THE FRESH PKC BY SRI.H.K.CHAKRAPANI DTD.18.2.2007. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 17641 of 2007 ================== Dated this the 28th day of September, 2011 J U D G M E N T The petitioner filed an application for freedom fighter's pension under the Kerala Freedom Fighters' Pension Scheme in the year 1981. The same was rejected by Ext.P8 order of the 1st respondent on the ground that the personal knowledge certificates produced by the petitioner are not acceptable as per the rules. According to the petitioner, Ext.P5 personal knowledge certificate is in accordance with the rules and the finding in Ext.P8 and the averment in the counter affidavit to the contrary, are wrong. According to the petitioner, Ext.P5 is a personal knowledge certificate issued by one Sri.Narayanan Ramankutty, who as a recipient of Central Freedom Fighter's Pension, who had suffered more than two years' imprisonment in the freedom struggle. The said personal knowledge certificate has been rejected only on the ground that the same does not show the relevant case number and, therefore, it is not acceptable. According to the petitioner, the respondents do not dispute the genuineness of the copy of Ext.P5 personal knowledge certificate issued by Sri.Narayanan Ramankutty, which contains the case number, in which, the petitioner was involved. Therefore, the finding in Ext.P8 is contrary to the document itself and as such, Ext.P8 order is liable to be interfered w.p.c.17641/07 2 with. The petitioner seeks the following reliefs: “i) call for the records leading to the issue of Exhibit P8 and quash its original by issue of a writ of certiorari; ii) declare that the petitioner is entitled to get the benefit of KFF Pension (State Pension) in the light of Exts.P3 and P4; iii) issue a writ of mandamus or any other appropriate writ, direction or order compelling the respondents to grant the benefit of KFF Pension (State Pension) to the petitioner.” 2. A counter affidavit has been filed by the 1st respondent reiterating the reason stated in Ext.P8. The 1st respondent also takes a contention that, in accordance with the Government orders on the subject, after 1994, applications for freedom fighters' pension can be considered only on the basis of the original records and the same cannot be considered on the basis of mere personal knowledge certificates. 3. I have considered the rival contentions in detail. 4. As far as the second contention of the 1st respondent is concerned, admittedly, as per the Government circular, only the applications submitted subsequent to 1994 should be mandatorily accompanied by copies of original documents and mere personal knowledge certificates supported by Non Availability of Records Certificate is not sufficient. In the counter affidavit, the 1st respondent specifically admits that the petitioner submitted his application in the year 1981. Therefore, there is no merit in that contention. w.p.c.17641/07 3 5. As rightly pointed out by the learned counsel for the petitioner that the 1st respondent does not dispute that Ext.P5 is a copy of the personal knowledge certificate produced by the petitioner in support of his application for freedom fighter's pension. The same specifically states that the petitioner is a bonafide freedom fighter, who remained underground more than six months for the period from 28th October, 1946 to 30th November, 1947, on whom, a warrant for arrest (mistakenly stated as 'award of arrest') was announced by the Special Magistrate Court, Alappuzha, in case No.PE.10/1122 (ME). Therefore, the finding in Ext.P8 and the averment in the counter affidavit that the same does not contain relevant case number are patently wrong. As such, Ext.P8 order is unsustainable. Accordingly, Ext.P8 order is quashed. Since no other reasons are stated for rejecting the petitioner's application for freedom fighter's pension other than the above reason, which I have found to be unsustainable, I am inclined to accept Ext.P5 as a valid personal knowledge certificate. As such, the petitioner has sufficiently proved his claim for freedom fighter's pension. Accordingly, the writ petition is allowed. Ext.P8 is quashed. During the pendency of the writ petition the petitioner died. The widow of the petitioner has come on record to prosecute the writ petition. In the above circumstances, the respondents are directed to w.p.c.17641/07 4 pay freedom fighter's pension to the additional 2nd petitioner with arrears from the date of the application, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge