IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 1467 of 2010(G)
1. SMT. THALIYIL SREEDEVI AMMA,
... Petitioner
Vs
1. THE UNION OF INDIA REP. BY ITS UNDER
... Respondent
2. THE STATE OF KERALA, REP. BY ITS
3. THE DISTRICT COLLECTOR, KANNUR.
For Petitioner :SRI.V.C.JAMES
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :05/04/2010
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C) No. 1467 of 2010 -G
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Dated this the 9th day of April, 2010.
JUDGMENT
The petitioner is aggrieved by the rejection of the application for
grant of SSS pension as per Ext.P3, on the ground that the undertrial
period will not be counted for imprisonment suffered.
2. The petitioner is the widow of late Pulukkool Kannan Nair who
suffered imprisonment for the period from 16.1.1947 to 29.10.1947 at
Central Jail, Kannur in connection with his participation in Kavumbai
struggle. Ext.P1 is the true copy of the extract of under trial prisoner’s
register issued by the Superintendent of Central Prison, Kannur. The
application was recommended by the District Collector, going by Ext.P2
communication and later the State Government forwarded the same to the
Central Government along with their recommendation.
3. It is submitted that Ext.P3 order cannot be sustained in the light of
the decision of a Division Bench of this Court in Union of India v. Lonan
Benjamin (2002 (1) KLT 46). It is submitted that under trial imprisonment
can also be counted for the purpose of grant of freedom fighters pension.
In the above decision, the Division Bench analysed the same aspects and it
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was held that imprisonment in jail as an under trial prisoner will also be
counted for granting pension. The dictum laid down by the Division Bench
is extracted below:
“The intention of the framers of the scheme can be gathered by
reading the scheme as a whole. Those who suffered internment in
their house, and those who evaded arrest and became proclaimed
offenders or carried an award for arrest are made eligible for
pension. It cannot be said that the framers of the scheme did not
intend the benefit of the scheme being extended to those who
suffered incarceration, owing to foisting of false cases, as under trial
prisoners. An intention cannot be attributed to the framers of the
scheme that the eligibility of the prisoners should depend on the
success or otherwise of the prosecution in securing a conviction.”
4. In the light of the authoritative pronouncement by the Division
Bench, Ext.P3 cannot be sustained and the same is quashed. Since Kavumbai
Struggle has already been recognized by the Government of India as part of
the freedom struggle as per letter No.6/1/97 FF (P) dated 20.1.1998 the
matter will be reconsidered and appropriate orders will be passed within a
period of four months from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above. No costs
(T.R. Ramachandran Nair, Judge.)
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kav/