Kerala High Court
The Union Of India vs By Adv.Sri.J.Om Prakash
Author: Alexander Thomas
Bench: Alexander Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
FRIDAY, THE 20TH DAY OF JULY 2018 / 29TH ASHADHA, 1940
WP(C).No. 28572 of 2013
PETITIONER(S)
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RETNAMMA NARAYANAN,
W/O.NARAYANAN, AGED 82,
METTUTHARAYIL,
PATHIYOOR,KARTHIKAPPALLY,
ALAPPUZHA.
BY ADV.SRI.J.OM PRAKASH
RESPONDENT(S):
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1. THE UNION OF INDIA,
REPRESENTED BY THE SECRETARY,
MINISTRY OF HOME AFFAIRS,
KHAN MARKET, NEW DELHI, PIN 110003.
2. THE STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL
SECRETARY TO GOVERNMENT,
GENERAL ADMINISTRATION DEPARTMENT,
SECRETARIATE,THIRUVANANTHAPURAM P.O-695 001.
R1 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL OF INDIA
BY ADV. SMT.RENJU, V. CGC
R2 BY ADV. GOVERNMENT PLEADER SRI.JESTIN MATHEW
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-07-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
TS
WP(C).No. 28572 of 2013 (V
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT-P1: A TRUE COPY OF THE ORDER OF THE DISTRICT COLLECTOR, ALAPPUZHA
DATED 10.4.73.
EXHIBIT-P2: A TRUE COPY OF THE CERTIFICATE OF SRI.V.K.KARUNAKARAN
DATED 30.3.1983.
EXHIBIT-P3: A TRUE COPY OF THE CERTIFICATE ISSUED BY THE SUPERINTENDENT OF
POLICE, ALAPPUZHA DATED 26.10.73.
EXHIBIT-P4: A TRUE COPY OF THE LETTER OF THE COMMISSIONER AND SECRETARY TO
GOVERNMENT DATED 23.6.90.
EXHIBIT-P5: A TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND
RESPONDENT DATED 4.3.2010.
EXHIBIT-P6: A TRUE COPY OF THE COPY APPLICATION AND ORDER IN CASE
NO.M.E.53/122 OF THE CHIEF JUDICIAL MAGISTRATE COURT, KOLLAM
DATED 27.1.2010.
EXHIBIT-P7: A TRUE COPY OF THE LETTER OF THE DISTRICT COLLECTOR, KOLLAM
DATED 5.2.2010.
EXHIBIT-P8: A TRUE COPY OF THE LETTER DATED 9.7.2010 OF THE SECRETARY TO
GOVERNMENT.
EXHIBIT-P9: A TRUE COPY OF THE LETTER DATED 17.9.2012 OF THE SECRETARY TO
GOVERNMENT.
EXHIBIT-P10: A TRUE COPY OF THE LETTER DATED 30.1.2012 OF THE SECRETARY TO
GOVERNMENT.
EXHIBIT-P11: A TRUE COPY OF THE LETTER OF THE PETITIONER DATED 7.2.2013.
EXHIBIT-P12: A TRUE COPY OF THE JAIL RECORDS OF SRI.V.K.KARUNAKARAN.
EXHIBIT-P13: A TRUE COPY OF THE REPRESENTATION DATED 27.5.2013 THE
PETITIONER.
EXHIBIT-P14: A TRUE COPY OF THE ORDER OF THE DEPUTY SECRETARY TO
GOVERNMENT OF INDIA DATED 26.6.2013.
EXHIBIT-P15: A TRUE COPY OF THE COUNTER AFFIDAVIT OF THE 2ND RESPONDENT IN
W.P.(C) NO.12234/2010 DATED 16.8.2011.
RESPONDENT(S)'EXHIBITS - NIL
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/TRUE COPY/
PS TO JUDGE
TS
26.07.2018
ALEXANDER THOMAS, J.
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W.P.(C)No.28572 of 2013
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Dated this the 20th day of July, 2018
JUDGMENT
It is the case of the petitioner that her husband was a freedom fighter who took part in the main stream freedom struggle which was taken place in the State of Travancore, at the behest of the Travancore State Congress and that he was constrained to remain underground for more than the requisite six months period, on account of a warrant of arrest issued against him due to his participation in the said freedom struggle, in Case No.53/1122ME (Malayalam Era) on the file of the District Magistrate Court, Kollam. That the petitioner's husband was granted freedom fighters pension under the State Scheme by the 2nd respondent/State as per Ext.P1 order dated 10.4.1973 made effective from 01.04.1971. The petitioner's husband had filed application dated 05.05.1981 for grant of freedom fighters pension under the Central Swathanthra Sainik Samman (SSS) Pension Scheme, 1980. The said application was submitted him W.P.(C)No.28572 of 2013 ..2..
through the 2nd respondent-State Government, for its recommendation and further action by the 1 st respondent-Union Government. The said application filed by the petitioner's husband was rejected by the competent authority of the 1 st respondent- Union Government which was duly communicated to the petitioner as per Ext.P4 Government Letter dated 23.6.1990 of the 2nd respondent-State Government. No specific reason is stated in Ext.P4 order other than blandly stating that petitioner's husband was not eligible in terms of the Central Scheme. Thereafter the petitioner's husband had submitted Ext.P5 representation dated 4.3.2010 before the 2nd respondent-State Government for reconsidering the matter and giving the details of his involvement in the freedom Movement and the period which he remained underground from January, 1947 to August, 1947. Along with Ext.P5 the petitioner had also made available copies of the NARCs. Ext.P6 is the copy of the NARC issued by the Chief Judicial Magistrate's Court, Kollam, dated 8.2.2010 and Ext.P7 is the NARC issued by the District Collector, Kollam, dated 5.2.2010. W.P.(C)No.28572 of 2013
..3..
Since no effective action was forthcoming from the respondents, the petitioner's husband was constrained to file W.P.(C)No.12234 of 2010 before this Court seeking appropriate directions for the respondents in the matter of his above said claim. During the pendency of that W.P.(C), the 2nd respondent-State Government had issued Ext.P8 Government Letter dated 09.07.2010 addressed to the 1st respondent-Union Government, whereby the case of the petitioner's husband for grant of freedom fighters pension under the Central Scheme was recommended to be granted by the 1 st respondent-Union Government.
2. In para.4 of Ext.P8 it is specifically stated by the 2 nd respondent-State Government that the District Collector, Alappuzha as per the subsequent letter dated 24.6.2010 has clearly reported that a detailed enquiry subsequently conducted by him revealed that the petitioner's husband was a genuine freedom fighter and that he had actively participated in the struggle of Naval labourers, labourers struggle at Kayamkulam, other struggle at Travancore areas as part of the main stream movement in the W.P.(C)No.28572 of 2013 ..4..
freedom struggle that had occurred in the Travancore State and that he has been granted Freedom Fighters Pension under the State Scheme. That during the period of the freedom struggle he had remained underground at Thrikunnapuzha and had undergone brutal torture at lock ups and that he had during the period from 1943 to 1947 he had worked as agent and distributor of Harijan news paper, which was published under the leadership of Mahatma Gandhi. He had worked as Taluk working committee member of the Travancore State Congress in Karthikapalli Taluk and that in 1972 he was awarded Thamrapatra award by the Hon'ble Prime Minister of the Country, on the basis of the recommendations made by the State Government to the Union Government, etc.
3. A batch of writ petitions and writ appeals mainly relating to the issue of the grant of NARC by the competent authorities of the State Government was considered by a Division Bench of this Court in which the Division Bench had rendered common judgment dated 13.2.2012 in W.A.No.382 of 2010 and W.P.(C)No.28572 of 2013 ..5..
connected cases wherein the Division Bench directed the competent authority of the State Government to conduct appropriate enquiries and decide as to whether NARC is to be issued to the respective claimants and whether the respective letters of verification and entitlement report is to be issued recommending the case of the respective claimants to the Central Government. The effective directions in the operative portion of the said judgment dated 13.2.2012 of the Division Bench in W.A.No.382 of 2010 and connected cases, are to the following effect:-
b