IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28483 of 2007(N)
1. VASU NARAYANAN, AGED 80,
... Petitioner
Vs
1. THE UNION OF INDIA REPRESENTED BY THE
... Respondent
2. THE PRINCIPAL SECRETARY TO GOVERNMENT,
For Petitioner :SRI.J.OM PRAKASH
For Respondent :SRI.THOMASMATHEW NELLIMOOTTIL,SR.PANEL
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :11/04/2008
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C) NO.28483 of 2007-N
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Dated this the 11th day of April, 2008.
JUDGMENT
The challenge herein is against Ext.P12 whereby the application for
grant of SSS pension have been rejected. The petitioner was a participant
in the Punnapra – Vayalar struggle. Ext.P1 is the application dated
25.3.1998. For participation in the said movement, the police registered a
case against the petitioner as CC No.10/1122 ME before the Magistrate
Court, Cherthala and a warrant of arrest was issued. He went underground
for the period from 24.10.1946 to 16.8.1948. Ext.P2 is the order passed by
the District Collector sanctioning Freedom Fighters Pension under the State
Scheme. The petitioner produced personal knowledge certificates from
prominent freedom fighters like Shri O. Raghavan, Shri N. Madhavakurup,
Shri V.K. Karunakaran and Shri H.K. Chakrapani. Exts.P4, P5 and P6
respectively are the certificate issued by Shri V.K. Karunakaran, details of
calender statement relating to SC NO.17/1116 of the Court of Sessions,
Alappuzha and the copy of the extract of the Convict Register of Central
Prison, Trivandrum relating to Shri V.K. Karunakaran. Ext.P7 is the
certificate from Shri H.K. Chakrapani and Ext.P8 is the true copy of the
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Convict Register relating to the said certifier. Ext.P9 is the true copy of the
order sanctioning pension by the Central Government to Shri H.K.
Chakrapani. Even though as per the judgment in O.P.No.38223/2001 this
court directed the respondents to consider the application, it was rejected by
Ext.P10 which was challenged in Writ Petition No.24021/2004. Ext.P10
was quashed and after rendering findings on merits, the respondents were
directed to pass fresh orders by Ext.P11 judgment. Again, purely for the
same reasons, the application has been rejected.
2. A reading of Ext.P12 shows that it was rejected on the ground that
there are no acceptable records by way of primary evidence, absence of a
valid NARC and that the personal knowledge certificates from various
certifiers are not acceptable. It is also stated in Ext.P12 that the State
Government has not recommended his application.
3. Inviting my attention to the findings rendered by this court in
Ext.P11 judgment, learned counsel for the petitioner submitted that the view
taken in Ext.P12 is totally in variance with the findings rendered in the
judgment. After considering the NARC produced, it was held therein that
an objection like the one cannot be taken by the respondents. The State
Government was directed by this court to forward the recommendation.
4. The question is whether the reasons stated for not recommending
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the application are valid or not. The reasons stated for not accepting the
certificate issued by Shri V.K. Karunarakan, cannot be accepted. His
certificate ought to have been considered on merits based on the documents
produced by the petitioner in respect of the said certifier. Apart from that,
there are certificates issued by Shri H.K. Chakrapani also which is
evidenced by Exts.P7 to P9.
5. Therefore, Ext.P10 is quashed. The second respondent is
directed to forward a fresh verification-cum-entitlement report showing the
recommendation to the first respondent, within a period of two months from
the date of receipt of a copy of this judgment. On receipt of the same by
the Central Government, fresh orders shall be passed and if pension is
sanctioned, the claim for arrears of pension from the date of receipt of the
application shall also be considered. While considering the application, the
respondents shall bear in mind the findings rendered by this ocurt in
Ext.P11 judgment.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
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kav/
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T.R. Ramachandran Nair, J.
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O.P. No.
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JUDGMENT
6th March, 2008.