IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35780 of 2007(H)
1. P.K.CHELLAPPAN, PUNNACKAL HOUSE,
... Petitioner
Vs
1. UNION OF INDIA, REPRESENTED BY THE
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
For Petitioner :SRI.K.K.SATHEESH
For Respondent :SRI.MAJNU KOMATH, ADDL.CGSC
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :27/03/2009
O R D E R
HARUN-UL-RASHID, J.
----------------------------------------
W.P.(C) No.35780 of 2007
----------------------------------------
Dated this the 27th day of March, 2009
JUDGMENT
It is the case of the petitioner that he was a freedom fighter
who had actively participated in the Punnapra-Vayalar movement during
the freedom struggle. On account of his active participation in the said
struggle, an arrest warrant was issued against him by the then Special
Magistrate Court, Alleppey in case No.P.E. 7/1122 ME and in order to
evade the arrest, he had gone underground for a period of about 16
months from 9.3.1122 ME to 11.7.1123 ME and as such he is entitled to
get the benefit of”Swatantrata Sainik Samman pension” hereinafter referred
to as the SSS Pension.
2. The petitioner is a recipient of Kerala Freedom Fighter’s
Pension (State Pension) . Ext.P1 is the proceedings of the District
Collector dated 18.11.2006 granting state pension.
3. Since the petitioner is getting the benefit of State Pension as
per Ext.P1, he has also applied for the grant of SSS pension (Central
Pension) as the Punnapra-Vayalar struggle was recognised as a part of the
National Freedom Struggle with effect from 20.1.1998. Ext.P2 is the
application dated 29.12.2006.
4. Along with Ext.P2 application the petitioner has produced
Ext.P3 affidavit dated 29.12.2006 duly attested by the Judicial 1st Class
W.P.(C) No. 35780 of 2007 -2-
Magistrate Court, Alappuzha, Ext.P4 Non- availability of record Certificate
from the Chief Judicial Magistrate, Alleppey and Ext.P5 Personal
knowledge Certificate issued by the freedom fighter Sri.H.K.Chakrapani
who had undergone imprisonment in the Central Prison, Trivandrum for a
period of more than 5 years and is also the recipient of SSS Pension as
well as the holder of “Thamrapathra award”
5. The Deputy Collector (General), Alappuzha vide Ext.P6
rejected the petitioner’s application for want of official records and did not
forward it to the State Government. Subsequently the State Government
issued another order No.1265/FFP A2/2007/GAD dated 02.08.2008 which
is produced as Ext.R2(a). In Ext.R2(a) it is stated that since the claim of
the petitioner is not recommended by the District Collector, the same
cannot be recommended to the Central Government
6. The documents referred above,are the relevant documents
necessary for processing and recommending to the State and Central
Governments The action on the part of the District Collector, Alappuzha is
not justifiable. The Non- availability of Records Certificate and the
Personal Knowledge Certificate issued by the competent authority and
eligible person respectively, are in accordance with clause 9(a) of the SSS
Pension scheme, which are appended along with the petitioner’s
application.
7. In the result, Ext.P6 and Ext.R2 (a) are quashed. There will be
W.P.(C) No. 35780 of 2007 -3-
direction to the State Government to send the verification cum
entitlement to pension report along with their recommendation as enjoined
under clause 10 of the SSS Pension Scheme within one month from the
date of receipt of a copy of this judgment. On receipt of those documents
the 1st respondent shall consider and pass appropriate orders on Ext.P2
within 2 months thereafter . In the event of granting pension by the Central
Government it is needless to say that the petitioner is entitled to the same
with arrears if any from the date of receipt of Ext.P2 application dated
29.12.2006.
This writ petition is disposed of.
(HARUN-UL-RASHID, JUDGE)
es.
HARUN-UL-RASHID, J.
—————————
W.P.(C) No.35780 of 2007
—————————-
JUDGMENT
27th March, 2009