IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 21770 of 2005(N)
1. A.V.KRISHNAN NAIR, AGED 82 YEARS,
... Petitioner
Vs
1. THE DISTRICT COLLECTOR, KANNUR.
... Respondent
2. STATE OF KERALA, REPRESENTED BY
3. UNION OF INDIA, REPRESENTED BY UNDER
For Petitioner :SRI.M.SASINDRAN
For Respondent :SRI.JOHN VARGHESE, ASSISTANT SG
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :02/08/2007
O R D E R
T.R. RAMACHANDRAN NAIR, J
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W.P.(C) NO. 21770 OF 2005
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Dated this the 2nd day of August, 2007.
JUDGMENT
The main prayer in the writ petition is for a direction to the
3rd respondent to consider and pass orders on Ext.P4 application
submitted by the petitioner for grant of pension under the
Swathantra Sainik Samman Pension Scheme, 1980. The claim of
the petitioner is that he had participated in Morazha Struggle
which took place in the erst while Malabar district. His plea is
that he had remained underground for more than 8 months for a
period from 15.09.1940 to 15.05.1941. The petitioner was a
proclaimed offender and warrant of arrest was issued against
him. In connection with his participation in the above struggle,
he has relied on Exts.P2 and P3 certificates issued by two
prominent freedom fighters in this regard.
2. Ext.P4 is the application dated 28.6.1999 submitted by
the petitioner for grant of pension. Ext. P5 would show that he
was a recipient of pension under the Kerala Freedom Fighters
W.P.(C). No. 21770/2005 : 2 :
Pension Scheme. By Ext.P6, the petitioner was informed that his
application for sanction of pension has not been recommended by
the State for the reason shown therein. They related to the
details regarding the case in which the petitioner was an accused
or the details of the Police Station where FIR was lodged and also
non-production of official records or the non availability of
records certificates. It is also stated that the affidavit to be
accompanied with the application is also not enclosed.
3. The 3rd respondent has filed a counter affidavit wherein
it is stated that the State Government has been requested to
make available a copy of the application submitted by the
petitioner along with the papers and documents pertaining to the
claim as per the Ministry’s letter dated 13.01.2006 since the files
are not easily traceable. It is assured that on receipt of the
original application, the documentary evidence and verification
cum entitlement to pension report of the State Government, the
case will be examined on merits as per the provisions of the SSS
pension Scheme.
W.P.(C). No. 21770/2005 : 3 :
4. In the counter affidavit filed by the 2nd respondent it is
admitted that the petitioner is a recipient of Kerala Freedom
Fighters pension. It is averred that in the event of the petitioner
claiming for underground suffering for the period from
15.09.1940 to 15.09.1941, he has to produce documents as
above to substantiate his claim. It is also stated that personal
knowledge certificates can be accepted only if it is supported by
non availability of reports certificates from the authorities. It is
further pointed out that Ext.P6 is the communication pointing out
the defects of the application and he could have rectified the
same. It is also assured that if the defects are rectified, the case
can be recommended for Swathantra Sainik Samman Pension.
5. Therefore, it is up to the petitioner to reply to Ext.P6 and
produce relevant documents so that the authorities of the State
will be able to recommend his case for grant of pension. The
petitioner will have to produce either the records relating to
warrant of arrest etc. or the non-availability of records certificate
to the State Government for enabling the State Government to
W.P.(C). No. 21770/2005 : 4 :
send their recommendation. The petitioner is free to file a fresh
representation for producing the relevant materials as required in
Ex.P6. On receipt of the relevant records from the petitioner, the
respondents 1 and 2 will consider the same and forward the
required report to the Union of India for action at their end and
the same shall be done within a period of two months from the
date of receipt of the representation of the petitioner. On receipt
of the report from the State Government, the 3rd respondent will
take appropriate action within a further period of three months
thereof.
The writ petition is disposed of accordingly.
T.R. RAMACHANDRAN NAIR, JUDGE.
rv
