Kerala High Court
K.Narayani Amma vs The Union Of India on 29 October, 1947
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 30TH DAY OF MAY 2018 / 9TH JYAISHTA, 1940
WP(C).No. 26402 of 2011
PETITIONER:
K.NARAYANI AMMA,
W/O.LATE.M.C.RAYARAPPAN NAMBIAR,
KARANANKOOTTATH, ERUVESSY P.O.,
CHEMPERI(VIA),KANNUR DISTRICT.
BY ADVS.SRI.V.C.JAMES
SRI.SEBASTIAN JOSEPH (KURISUMMOOTTIL)
RESPONDENT(S):
1. THE UNION OF INDIA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
MINISTRY OF HOME AFFAIRS (FFP DIVISION),
LOK NAYAK BHAVAN, KHAN MARKET,
NEW DELHI, PIN-110 001.
2. THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL ADMINISTRATION (FFP.A) DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
3. THE DISTRICT COLLECTOR,
KANNUR, PIN-679 001
R1 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL OF INDIA
SRI.S.KRISHNAMOORTHY, CGC
R2 & R3 BY GOVERNMENT PLEADER SMT.A.C.VIDHYA
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 30-05-2018,THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
sts
5/6/2018
WP(C).No. 26402 of 2011
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 COPY OF THE RELEVANT PORTION OF THE ORDER OF THE
SESSIONS JUDGE NORTH MALABAR DIVISION DATED 29/10/1947.
EXHIBIT P2 COPY OF THE CONVICT REGISTER ISSUED BY THE
SUPERINTENDENT, CENTRAL PRISON, CANNANORE.
EXHIBIT P3 COPY OF THE EXTRACT OF CONVICT REGISTER ISSUED BY THE
ADDL. SUPERINTENDENT, CENTRAL PRISON, VELLORE.
EXHIBIT P4 COPY OF THE APPLICATION FILED ON 25/8/1998 FILED BY THE
PETITIONER.
EXHIBIT P5 COPY OF THE COMMUNICATION DATED 5/10/1998 FROM THE 3RD
RESPONDENT TO THE PETITIONER.
EXHIBIT P6 COPY OF THE PERSONAL KNOWLEDGE CERTIFICATE DATED
22/8/1998 ISSUED BY M.P.NARAYANAN NAMBIAR.
EXHIBIT P7 COPY OF THE PERSONAL KNOWLEDGE CERTIFICATE DATED
21/08/1998 ISSUED BY K.P.R.RAYARAPPAN NAMBIAR.
EXHIBIT P8 COPY OF THE RECOMMENDATION OF THE STATE GOVERNMENT
FORWARDED TO THE CENTRAL GOVERNMENT AS PER COMMUNICATION
NO.14904/FFP/A1/2002/GAD DATED 7/6/2003
EXHIBIT P9 COPY OF THE JUDGMENT DATED 27/5/2010 IN WP(C)
NO.34125/2009 OF THIS HONOURABLE COURT
EXHIBIT P10 COPY OF THE ORDER DATED 23/9/2011 OF THE FIRST
RESPONDENT
EXHIBIT P11 COPY OF THE ORDER DATED 27/9/2011 IN
CONTEMPT CASE(C) NO.866/2011
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.A.TO JUDGE
sts
5/6/2018
A MUHAMED MUSTAQUE, J.
==============
W.P.(C) NO. 26402 of 2011
==================
Dated this the 30th day of May, 2018
JUDGMENT
The petitioner is a widow of late M.C.Rayarappan Nambiar. It is claimed that he had participated in the Kavumbai struggle, which had been recognised for a sanction of SSS Pension. The petitioner is a widow and submitted a representation for pension. This was directed to be considered by the Central Government as per the judgment of this Court in WP(C) No.34125/2009. Thereafter, the Central Government considered the judgment stating that there is no primary or secondary evidence in the matter.
2. The petitioner relies on primary evidence produced as Exts.P2 and P3. Ext.P2 is an extract of convict register transferred from conviction No.6006. The convict is M.C.Rayarappan Nambiar. As seen from the extract, he suffered rigorous imprisonment for six months, which will make him entitlement for SSS Pension. This was in connection with Kavumbai struggle. The State Government by Ext.P8 recommended for sanction of pension, stating that Superintendent of Central Prison, Kannur verified the reason and found that it is genuine.
W.P.(C). No. 26402 of 20112
3. In the recommendation, it is also reported that under trial register cannot be verified by the register as the register is worn out. Late M.C.Rayarappan Nambiar suffered a sentence of rigorous imprisonment for one year for offence under Section 147 of IPC and rigorous imprisonment for six months for offence under Section 342 of IPC. Sentence is ordered to be run concurrently. Ext.P3 is the convict register in the Central Prison, Vellore. It seems M.C.Rayarappan Nambiar was transferred from Central Jail Kannur to Central Prison, Vellore. It is also shows that the date of sentence and date of release. Primary evidence clearly indicate that he had suffered imprisonment for more than six months. Genuineness of this certificate was no doubted by the State Government. The statement endorse that it is genuine.
In the light of the above, this Court is of the view that M.C.Rayarappan Nambiar is entitled for pension from the date of application. Writ petition is therefore allowed. The impugned order is set aside. The pension along with arrears shall be released to the petitioner within a period of three months.
Sd/- A MUHAMED MUSTAQUE, Judge.
lsn