IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24833 of 2005(F)
1. AYYAPPAN NARAYANAN,
... Petitioner
Vs
1. UNION OF INDIA, REPRESENTED BY THE
... Respondent
2. STATE OF KERALA, REPRESENTED BY THE
3. THE DISTRICT COLLECTOR, ALAPPUZHA.
For Petitioner :SRI.K.K.SATHEESH
For Respondent :SRI.TOJAN J.VATHIKULAM, ADDL.CGSC
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :30/01/2009
O R D E R
HARUN-UL-RASHID,J.
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W.P.(C).NO.24833 OF 2005
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DATED THIS THE 30TH DAY OF JANUARY, 2009
JUDGMENT
Additional 2nd petitioner is impleaded in this writ petition
consequent on the death of the petitioner-Ayyappan Narayanan.
Petitoner was a freedom fighter. He had actively participated in the
punnapra-Vayalar Movement during the freedom struggle. On
account of his participation in the said struggle, he had undergone
imprisonment in the defunct sub jail at Alleppey for a period from
1/12/1946 to 13/12/1947. Petitioner claimed that he is entitled to
get the benefit of “Swatantratha Sainik Samman Pension” (SSS
Pension).
2. The petitioner was a recipient of State pension.
Ext.P1 is the order dated 14/9/1973 according sanction of pension.
Ext.P2 is the application submitted by the deceased petitioner
under the SSS pension scheme. Ext.P6 Co-prisoner certificate was
produced, since Ext.P3 certificate originally produced was not in
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the prescribed form. Ext.P7 is the Non-Availability of Records
Certificate (NARC) issued by the Superintendent of Special Sub
Jail, Alappuzha. Ext.P8 is the affidavit duly produced in support
of Ext.P7. Clause 9 of the Swatantrata Sanik Samman Pension
Scheme is extracted below.
“The applicant should furnish the documents indicated
below whichever is applicable:-
(a) Imprisonment/Detention etc.
Certificate from the concerned jail
authorities, District Magistrates or the State
Government. In case of non-availability of such
certificates co-prisoner certificates from a sitting
M.P. or M.L.A. or from an ex-M.P. or an ex-
M.L.A. specifying the jail period. (Annexure-I in
the application form).”
3. Going by the Scheme the requirement of production
of certificate stated in Clause 9(a) is satisfied on the basis of the
documents submitted by the petitioner. In this case the
petitioner produced Ext.P6 Co-prisoner certificate ad Ext.P7
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NARC from the Superintendent of Special Sub Jail, Alappuzha.
4. In the counter affidavit filed by the respondents 2
and 3 it is stated that the Government of India is free to take an
independent view irrespective of the recommendation of the
District Collector. It is also stated that the application with
enclosures has been forwarded to the Government of India with
verification report vide Government letter dated 16/1/2006.
5. In paragraph 7 of the counter affidavit filed by the lst
respondent it is stated that the State Government has reported that
as per the enclosures received along with the representation, the
claim of the petitioner is not recommendable and therefore not
recommended for sanction of pension under the SSS Pension
Scheme. It is further stated that in view of the non-availability of
positive recommendation from the State Government, the
petitioner’s prayer is not acceptable. The reasons stated by the
State Government for not recommending the application are not
produced before this Court. The order is not produced by either
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side. The requirement under Section 9(a) as stated above is the
production of two certificates and it is for the State Government
to enquire and report about the veracity of those certificates. On
receipt of such report and other materials as enjoined under
Clause 9(a) of the Scheme, the Central Government shall decide
the application on merits. From the counter affidavit it is not
clear whether any order has been passed based on the report of
the State Government. In number of cases this Court examined
the certificate issued by Sri P.A.Solomon, Ext-MP. This Court
finds that Sri Solomon, Ex-MP is a recipient of Central pension
under the very same scheme, which shows that he has undergone
imprisonment for a period of not less than six months. Therefore,
other documents in support of the application need not be
insisted upon.
6. In view of Exts.P6 and P7 certificates, the State
Government is directed to forward their verification report, after
examining the materials on record, along with their entitlement
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to pension report (recommendation), if the petitioner is found
eligible, to the 1st respondent within a period of two months from
the date of receipt of a copy of this judgment and on receipt of
such report, the lst respondent shall pass appropriate orders
within three months thereafter. It is needless to say that the
petitioner is entitled to arrears of pension from the date of receipt
of the application dated 27/3/1998, in case he is entitled to SSS
pension.
Writ Petition is disposed of as above.
HARUN-UL-RASHID,
Judge.
Kcv..