IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29098 of 2007(L)
1. ROSAMMA KURIAN, MURINGAVELIYIL,
... Petitioner
Vs
1. THE UNION OF INDIA, REPRESENTED
... Respondent
2. THE UNDER SECRETARY TO GOVERNMENT,
3. THE SECRETARY, GENERAL ADMINISTRATION
4. THE DISTRICT COLLECTOR, ALAPPUZHA.
5. THE PRINCIPAL SECRETARY TO THE
For Petitioner :SRI.B.KRISHNA MANI
For Respondent :SMT.MOLY.E.V., CGC
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :02/04/2009
O R D E R
HARUN-UL-RASHID, J.
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W.P.(C)No.29098 of 2007
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Dated this the 2nd day of April, 2009
JUDGMENT
The petitioner, is the wife of Sri.A Kurian who was a freedom
fighter. He died on 6.8.2000 at the age of 74 The said Kurian is the
recipient of State Freedom Fighters pension from the Government of
Kerala and Thamrapathra
2. Ext. P2 is the true copy of the application dated 25.5.1998
submitted by the petitioner’s husband for pension under the
Swathanthrata Sainik Samman Pension Scheme, before the Central
Government. After the death of the petitioner’s husband, she again
submitted Ext.P3 application on 17.11. 2003 for the same purpose.
3. Along with Ext.P3 application the petitioner submitted
Exts.P4 and P5 Personal Knowledge Certificates , issued by Sri.P.A.
Solomon who is an Ex-M.P and Sri.D.K.Viswanathan respectively who are
freedom fighters and Thamrapathra recipients. Both the certifiers are
recipients of Central and State Freedom Fighter’s Pension and have
undergone imprisonment in connection with the freedom struggle.
4. Even though Exts. P2 and P3 applications are submitted, the
Central Government rejected the claim. So the petitioner was constrained
to file W.P.(C) No. 8894/2004 before this Court, the judgment is
produced as Ext.P6. By Ext.P6 this Court directed the petitioner to
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rectify the defects in the application and submit it afresh along with the
copies of documents within a period of one month from the date of receipt
of a copy of the judgment and also directed the Government of Kerala to
take a decision within 3 months from the date of receipt of proper
application with documents . Pursuant to the direction in Ext. P6
judgment the petitioner again submitted another application which
according to her is without any defect.
5. From the documents produced before this Court it is seen that
the petitioner produced Personal knowledge certificates issued by Sri.P.A.
Solomon and D.K.Viswanathan which are marked as Exts. P4 and P5,
Ext.P11-true copy of the non- availability of records Certificate dated
6.2.2006 issued by the Superintendent of Central Jail,
Thiruvananthapuram. Ext.P12-true copy of the application submitted by
the petitioner before the Chief Judicial Magistrate Court Alappuzha,
Ext.P13- true copy of the Person Knowledge Certificate issued by a Co-
prisoner Viz. P.Gopalan who is a recipient of Central Freedom Fighter’s
Pension, and Ext.P15- true copy of the Convict Register of Central prison
issued by the Superintendent of Central prison, Thiruvananthapuram in
respect of the said Gopalan.
6. The very fact that Sri.P.A. Solomon, Ex.M.P and
Sri.D.K.Viswanathan are the Thamrapathra award holders and recipients
of State and Central Freedom Fighter’s pension shows that they have
under gone the requisite periods of imprisonment in connection with the
W.P.(C) No. 29098 of 2007 -3-
freedom struggle. So in addition to their certificates the petitioner need not
produce any other supporting documents to show their detention period in
the jail in connection with the freedom struggle. Besides the above, the
petitioner also produced non- availability of records certificate issued by
the Superintendent of Central jail, Thiruvananthapuram and other relevant
documents The very fact that the petitioner’s husband is the recipient of
State pension and Thamrapathra holder also strengthens her case the
she is entitled to Central pension. According to the petitioner she satisfied
all the requirements under clause 9(a) of the SSS Pension Scheme.
In the result, Ext.P10 is quashed. There will be direction to the
State Government to send the verification cum entitlement to pension
report along with their recommendation as enjoined under clause 10 of the
SSS Pension Scheme within one month from the date of receipt of a copy
of this judgment. On receipt of those documents the Central Government
shall consider and pass appropriate orders on Ext.P3 application within 2
months thereafter . In the event of granting pension by the Central
Government, it is needless to say that the petitioner is entitled to the
same from the date of receipt of Ext.P3 application.
(HARUN-UL-RASHID, JUDGE)
es.
HARUN-UL-RASHID, J.
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W.P.(C)No.29098 of 2007
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JUDGMENT
2nd April, 2009