High Court Kerala High Court

Smt. Thaliyil Sreedevi Amma vs The Union Of India Rep. By Its Under on 5 April, 2010

Kerala High Court
Smt. Thaliyil Sreedevi Amma vs The Union Of India Rep. By Its Under on 5 April, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 1467 of 2010(G)


1. SMT. THALIYIL SREEDEVI AMMA,
                      ...  Petitioner

                        Vs



1. THE UNION OF INDIA REP. BY ITS UNDER
                       ...       Respondent

2. THE STATE OF KERALA, REP. BY ITS

3. THE DISTRICT COLLECTOR, KANNUR.

                For Petitioner  :SRI.V.C.JAMES

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :05/04/2010

 O R D E R
                      T.R. Ramachandran Nair, J.
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                     W.P.(C) No. 1467 of 2010 -G
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                Dated this the 9th day of April, 2010.

                                 JUDGMENT

The petitioner is aggrieved by the rejection of the application for

grant of SSS pension as per Ext.P3, on the ground that the undertrial

period will not be counted for imprisonment suffered.

2. The petitioner is the widow of late Pulukkool Kannan Nair who

suffered imprisonment for the period from 16.1.1947 to 29.10.1947 at

Central Jail, Kannur in connection with his participation in Kavumbai

struggle. Ext.P1 is the true copy of the extract of under trial prisoner’s

register issued by the Superintendent of Central Prison, Kannur. The

application was recommended by the District Collector, going by Ext.P2

communication and later the State Government forwarded the same to the

Central Government along with their recommendation.

3. It is submitted that Ext.P3 order cannot be sustained in the light of

the decision of a Division Bench of this Court in Union of India v. Lonan

Benjamin (2002 (1) KLT 46). It is submitted that under trial imprisonment

can also be counted for the purpose of grant of freedom fighters pension.

In the above decision, the Division Bench analysed the same aspects and it

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was held that imprisonment in jail as an under trial prisoner will also be

counted for granting pension. The dictum laid down by the Division Bench

is extracted below:

“The intention of the framers of the scheme can be gathered by

reading the scheme as a whole. Those who suffered internment in

their house, and those who evaded arrest and became proclaimed

offenders or carried an award for arrest are made eligible for

pension. It cannot be said that the framers of the scheme did not

intend the benefit of the scheme being extended to those who

suffered incarceration, owing to foisting of false cases, as under trial

prisoners. An intention cannot be attributed to the framers of the

scheme that the eligibility of the prisoners should depend on the

success or otherwise of the prosecution in securing a conviction.”

4. In the light of the authoritative pronouncement by the Division

Bench, Ext.P3 cannot be sustained and the same is quashed. Since Kavumbai

Struggle has already been recognized by the Government of India as part of

the freedom struggle as per letter No.6/1/97 FF (P) dated 20.1.1998 the

matter will be reconsidered and appropriate orders will be passed within a

period of four months from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above. No costs

(T.R. Ramachandran Nair, Judge.)

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kav/