IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 7683 of 2007(M)
1. SAROJINI, W/O. C.K.CHALLAPPAN, AGED 72,
... Petitioner
Vs
1. THE UNION OF INDIA, REPRESENTED BY
... Respondent
2. THE STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.J.OM PRAKASH
For Respondent :SRI.P.PARAMESWARAN NAIR,ASST.SOLICITOR
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :01/12/2008
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C). No.7683/2007-M
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Dated this the 1st day of December, 2008.
J U D G M E N T
The petitioner is the widow of Sri.C.K.Chellappan, a freedom fighter,
who actively participated in the Punnapra-Vayalar Freedom struggle. Ext.P1 is
the application for grant of Swatantrata Sainik Samman Pension. The claimed
underground period is more than six months from 30/10/1946 to 30/11/1947,
pursuant to the late husband of the petitioner being arrayed as an accused in
case No.P.E.7/1122 ME of the Special Magistrate Court, Alappuzha. Ext.P2 is
the order sanctioning pension to the petitioner under the Kerala Freedom
Fighters’ Pension Scheme. Ext.P4 is the non-availability of records certificate
issued from the Chief Judicial Magistrate Court, Alappuzha. Ext.P5 is the
certificate issued by Sri.H.K.Chakrapani wherein it is stated that the petitioner’s
late husband remained underground for more than six months from 30/10/1946
to 30/11/1947 and the case number is mentioned as P.E.7/1122 (ME). Ext.P6 is
the true extract of the convict register in respect of the certifier and Ext.P7 is the
order granting pension under the S.S.S Pension Scheme to the certifier.
Ultimately, by Ext.P8, the application was rejected by the Central Government.
2. A reading of Ext.P8 shows that the State Government has not
forwarded a positive recommendation. The main reason stated in the letter of
W.P.(C) No.7683/2007
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the State Government, dated 22/09/2006, extracted in Ext.P8 is that the affidavit
from Shri.S.Damodaran, Ex-MLA cannot be accepted and the District Collector
has in his report stated that in the application for State Pension, the petitioner’s
husband has claimed only six months of underground hardships and the case
does not show that he has any kinship with case No.P.E.7/1122 ME.
3. The learned counsel for the petitioner submitted that the State
Government did not properly consider the matter in the light of the certificates
produced by the petitioner. It is pointed out that the applicant in Ext.P1 has
clearly shown the underground suffering. The certifier, Sri.H.K.Chakrapani is a
competent certifier and the particulars have been stated by him in Ext.P5. It is
therefore, submitted that the report forwarded by the District Collector is
without verifying the true aspects relating to the late husband of the petitioner.
In Ext.P8, the other ground stated is with regard to the validity of non-
availability of records certificate from the State Government. The said reason is
not correct, in the light of the fact that this Court had taken the view in various
cases that once the State Government forwards a positive recommendation, a
separate non-availability of records certificate is not required. Therefore, the
crucial question is to whether the action of the State Government in forwarding
the letter dated 22/09/2007 without positive recommendation is correct or not.
W.P.(C) No.7683/2007
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4. Now that the petitioner has produced Ext.P5, the matter has to be
reconsidered by the State Government. There is no dispute that
Sri.H.K.Chakrapani is a competent certifier. The certificates relating to him
have to be considered along with other materials available with the State
Government.
5. Therefore, there will be a direction to the second respondent to
consider the application of the petitioner along with the other available
materials and forward a fresh verification-cum-entitlement report showing
appropriate recommendation to the first respondent within a period of two
months from the date of receipt of the copy of this judgment. The first
respondent will reconsider the matter in the light of the fresh verification-cum-
entitlement report forwarded by the State Government and pass appropriate
orders within two months thereafter. If pension is sanctioned, then the
entitlement of the applicant for receipt of arrears from the date of receipt of
Ext.P1 will also be considered by the Central Government.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
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