IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 2434 of 2007(M)
1. JANARDHANAN, AGED 80,
... Petitioner
Vs
1. THE UNION OF INDIA REPRESENTED
... Respondent
2. THE STATE OF KERALA, REPRESENTED
For Petitioner :SRI.J.OM PRAKASH
For Respondent :SRI.V.K.MOHAMMED YOUSUF, ADDL.CGSC
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :23/07/2008
O R D E R
T.R.RAMACHANDRAN NAIR, J.
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W.P.(C). No.2434/2007-M
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Dated this the 23rd day of July, 2008
J U D G M E N T
The writ petitioner, who was an applicant for the
Swatantrata Sainik Samman Pension, is aggrieved by the rejection
of the said application by the first respondent as per Ext.P11.
2. In Ext.P11, the main reasons stated for the rejection are
that, there is no acceptable primary evidence, there is no valid
Non-Availability of Records Certificate (N.A.R.C) from the State
Government etc. and finally that the State Government has not
recommended the application.
3. In this case, it is seen that the petitioner is a recipient of
the State Freedom Fighters’ pension as evident from Ext.P2.
Ext.P4 is a Personal Knowledge Certificate issued by Sri.Kunjan
Sukumaran, who is a recipient of the Central pension, which is
evidenced by Ext.P6. He had earlier approached this Court by
filing a writ petition No.21986/2005 seeking disposal of his
application for S.S.S pension as well as a direction to the State
Government to consider Exts.P7 and P8. Ext.P7 is a further
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representation of the petitioner enclosing therewith Personal
Knowledge Certificate of Sri.H.K.Chakrapani, order granting S.S.S
pension to Sri.Chakrapani and extract of convict register relating
to Sri.Chakrapani, the true copies of which are produced herein as
Exts.P9 to P10. But, while that writ petition was pending, Ext.P11
happened to be passed. Therefore, the State Government had no
occasion to consider the sufficiency of Exts.P7 and P8. The said
writ petition was closed in the light of Ext.P11 and the present writ
petition has been filed challenging the same.
4. In this case the petitioner has produced Ext.P12 which
is a true copy of the report forwarded by the Tahsildar,
Ambalapuzha, to the District Collector, Alappuzha, recommending
his application for State pension. It is clear from Ext.P12 that the
petitioner had gone underground pursuant to the warrant issued in
connection with the Punnapra-Vayalar struggle. The learned
counsel for the petitioner submits that the same will justify his
claim for S.S.S Pension.
5. Ext.P11 order passed by the Central Government shows
that the State Government had earlier forwarded a letter dated
05/11/2005, stating that the petitioner’s application for S.S.S
pension is not recommended. At that time, only the Personal
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Knowledge Certificate issued by Sri.Kunjan Sukumaran was
available with the State Government. Ext.P7 is dated 23/01/2006
and Ext.P8 is dated 19/01/2006. Apparently, they were not
considered by the State Government, which resulted in not
forwarding a proper recommendation.
6. In the light of the evidence now produced by the
petitioner, I find that the matter will have to be directed to be re-
considered by the respondents herein. Therefore, Ext.P11 is
quashed. The petitioner will forward a true copy of Ext.P12 to the
second respondent within three weeks from today along with a
copy of this judgment. The second respondent will consider
Exts.P7 and P8 (Personal Knowledge Certificate issued by
Sri.H.K.Chakrapani) and forward a fresh Verification-cum-
Entitlement Report showing the recommendation, after perusing
Ext.P12 and the relevant file relating to the same, to the Central
Government. The same shall be done within two months from the
date of receipt of a copy of this judgment. The first respondent
shall pass fresh orders on receipt of fresh recommendation from
the State Government and in the light of the same within two
months thereafter. In the event of granting pension, the
entitlement of the petitioner for payment of arrears from the date
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of receipt of Ext.P1 application dated 30/04/1998 will also be
considered. The writ petition is allowed as above.
T.R.RAMACHANDRAN NAIR,
Judge
ms