IN THE HIGH COURT OF KERALA AT ERNAKULAM
RP.No. 657 of 2009(P)
1. P.BALAKRISHNAN (DIED),
... Petitioner
2. KUNJULAKSHMI,W/O.LATE P.BALAKRISHNAN,
Vs
1. UNION OF INDIA,REP.BY SECRETARY TO
... Respondent
2. STATE OF KERALA,
For Petitioner :SRI.N.DHARMADAN (SR.)
For Respondent :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
Dated :05/08/2009
O R D E R
C.N.RAMACHANDRAN NAIR, J
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R.P. No.657 of 2009
IN
W.P.(C) NO.33744 OF 2004
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Dated this the 5th day of August, 2009
O R D E R
The review petition is filed by the widow of the
petitioner stating that as on the date of disposal of the WPC
on 19.9.2008 the petitioner was no more in as much as he
died on 1.9.2007. Ofcourse, death of the petitioner was not
reported to the court when the case was heard and disposed
of. I heard counsel for the review petitioner and
Government Pleader who referred to the reason mentioned
in Ext.P5 in denying the benefit of SSS pension to the late
husband of the review petitioner. It is clear from Ext.P5
that the certificates produced by him in support of his claim
for suffering in the prison are issued by people who have not
suffered the minimum period of imprisonment making them
eligible to issue certificate. Further, the deceased husband
R.P. No.657 of 2009 IN
W.P.(C) NO.33744 OF 2004
2
of the review petitioner could not produce any evidence
about suffering in prison making him eligible for SSS
pension. I do not think any purpose will be served by
granting further opportunity to the review petitioner to
prove her late husband’s suffering in the prison in
connection with freedom strike. Facts which he could not
prove during his life time cannot be proved by the widow at
the distance of time. The sufferings in the prison was
obviously 60 years back and review petitioner does not
claim that she has any acceptable evidence about it. In
these circumstances, the review petition is devoid of any
merit and hence it is dismissed.
C.N.RAMACHANDRAN NAIR,
JUDGE
app/-