IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33407 of 2007(B)
1. NARAYANI, W/O.LATE C.E.THANKAPPAN,
... Petitioner
Vs
1. UNION OF INDIA REPRESENTED BY THE
... Respondent
2. STATE OF KERALA REPRESENTED BY THE
For Petitioner :SRI.K.K.SATHEESH
For Respondent :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR
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.33407 OF 2005
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DATED THIS THE 30TH DAY OF FEBRUARY, 2009
JUDGMENT
Petitioner is the wife of C.E. Thakappan, who was a
freedom fighter. According to the petitioner, her husband 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 sub jail lock up,
Alappuzha for a period of more than 11 months from 5/12/1946 to
9/11/1947 in connection with Case No.P.E.7/1122 M E on the file
of the Special First Class Magistrate’s Court, Alleppey. Petitioner
claimed that her husband is entitled to get the benefit of
Swatantrata Sainik Samman Pension (SSS Pension).
2. The petitioner’s husband was a recipient of State
pension. Ext.P1 is the order dated 5/12/1973 sanctioning State
pension. Ext.P2 is the application submitted by the petitioner’s
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husband under the SSS pension scheme. Subsequent to the death
of her husband, the petitioner filed a fresh application for SSS
Pension, which is produced as Ext.P4. Ext.P5 is an affidavit duly
attested by the Judicial First Class Magistrate’s Court,
Alleppey. Ext.P9 is the Co-prisoner certificate issued by Sri
P.A.Solomon, Ex-M.P., which was produced along with Ext.P7
representation submitted to the 2nd respondent-State Government.
The petitioner produced NARC from the Chief Judicial
Magistrate’s Court, Alleppey, which is marked as Ext.P8 in this
writ petition. Clause 9 of the Swatantrata Sainik 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
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the application form).”
3. Going by Clause 9(a) of the Scheme, the certificate
to be produced is either from the jail authorities, District
Magistrates or the State Government. In case the petitioner
produces NARC from one of the authorities as provided under
Clause 9(a) of the SSS Pension Scheme, the 2nd respondent shall
consider Ext.P4 application, after examining the materials on
record, and forward the verification report along with their
entitlement to pension report (recommendation) to the lst
respondent, if she is found eligible, 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 the
application, i.e. 30/4/2003, in case she is entitled to SSS Pension.
Writ Petition is disposed of as above.
HARUN-UL-RASHID,
Judge.
kcv.