IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24826 of 2004(E)
1. P.R.BHASKARAN NAIR,
... Petitioner
Vs
1. UNION OF INDIA, REP: BY THE SECRETARY,
... Respondent
2. STATE OF KERALA, REP: BY THE
3. THE DISTRICT ADVISORY COMMITTEE FOR
For Petitioner :SRI.C.R.SIVAKUMAR
For Respondent :SRI.P.PARAMESWARAN NAIR, CGC
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :07/11/2008
O R D E R
C.N. RAMACHANDRAN NAIR, J.
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W.P.C. NO. 24826 OF 2004
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Dated this the 7th November, 2008
JUDGMENT
Writ Petition is filed challenging Exts.P8 and P9 order of the
State Government refusing to recommend the petitioner’s case to the
Central Government of giving pension under Swantrata Sainik
Samman Pension scheme. I heard counsel appearing for the petitioner,
and Government Pleader and I have also perused the impugned orders
of the Government. Petitioner’s claim for pension is based on
underground suffering during Feb, 1947 to August 1947. According to
the petitioner, there was arrest warrant pending against him in CC No.
78/120 of the Divisional Firest Class Magistrate Court, Quilon.
However, on enquiry it is found that no records are available in Court
and there is nothing to indicate that the said case pertains to offences
related to Freedom struggle. Besides this, certificates obtained by the
petitioner frosm three persons were rejected for the reason that those
who issued the certificates have not served two years minimum
imprisonment in freedom struggle to entitle them to issue certificates.
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So far as the certificate issued by one V.K. Karunakaran is conccerned,
Government refused to accept the same because he is no more and in
his name lot of bogus certificates are produced by the claimants after
his death. Since there is no evidence to prove the petitioner’s
underground suffering, application was rightly turned down.
W.P. C. is therefore de void of any merit and is dismissed.
(C.N. RAMACHANDRAN NAIR)
Judge
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