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2018 Supreme(Ker) 227

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ALEXANDER THOMAS, J.
Lennyamma, W/O. Late Powleenju Achappan and Ors. – Petitioner
Versus
Union of India, Represented By The Secretary To Home Affairs, New Delhi And Ors. – Respondents
WP(C).No. 15350 of 2013
Decided On : 19-03-2018

Advocates Appeared:
For the Petitioner: Sri. S.Sanal Kumar, Smt.Bhavana Velayudhan, Smt.T.J.Seema, Advs.
For the Respondent: Sri. N.Nagaresh, Assistant Solicitor General, Sri. S. Krishnamoorthy, CGC, Sr. Government Pleader, Sri. Saigi Jacob Paletty

Headnote:Swatantrata Sainik Samman Pension Scheme 1980 – Prerogative commendation report is also to be given by the State Government even as per the provisions of the Central scheme.

JUDGMENT :

The original Writ Petitioner is the widow of a deceased person who was recognized as a freedom fighter under the State freedom fighters' pension scheme. It is averred that he had participated in the “Punnapra-Vayalar movement” and that he had undergone imprisonment for ten months. The second respondent State of Kerala as per Exhibit-P1 order No.R.Dis.28875/72/FG dated 31.12.1973 had granted freedom fighter's pension under the State scheme to him with effect from 1.4.1971. Later he had died on 9.3.1995. Thereafter, his widow, the original Writ Petitioner has been getting family pension under the aforesaid State freedom fighters' pension scheme. Later, “Punnapra-Vayalar movement” was recognized by the Central Government as part of the National Freedom Struggle for the purpose of Swatantrata Sainik Samman (SSS) Pension. The Writ Petitioner had filed application seeking the benefit of that Central Scheme for family pension, as widow of the deceased freedom fighter. Pursuant to the direction issued by this Court in Exhibit-P6 judgment dated 19.6.2003 in O.P.No.36127 of 2001, the claim of the petitioner was considered and the Central Government as per Exhibit-P8 order dated 31.1.2005 had granted freedom fighter's family pension under the Central scheme to the Writ Petitioner with effect from 20.1.1998. But subsequently the Central Government as per Exhibit-P9 order dated 27.12.2006 had suspended the grant of family pension to the Writ Petitioner on the ground that Non Availability of Records Certificate (for short 'NARC') insisted as per the Central scheme issued by the State Government was not in proper form and further that the certifier of the co-prisoner's certificate has not undergone the minimum period of imprisonment, etc. Thereupon, the Writ Petitioner had filed W.P.(C).No. 4665 of 2007 before this Court so as to challenge the said order dated 27.12.2006. This Court as per Exhibit-P10 judgment dated 3.2.2009 in W.P.(C).No.4665 of 2007 had set aside the said order of suspension contained in Exhibit-P9 herein. The Central Government had filed W.A.No.382 of 2010 before the Division Bench of this Court so as to impugn Exhibit-P10 judgment of the learned Single Judge in W.P.(C).No.4665 of 2007. The said Writ Appeal along with other two Writ Appeals and many other Writ Petitions were disposed of as per a common judgment of the Division Bench on 13.2.2012 as per Exhibit-P11. The Division Bench of this Court in paragraph 65 of Exhibit-P11 judgment in the said Writ Appeal had set aside the impugned judgment of the learned Single Judge in W.P.(C) No.4665 of 2007 and directed that the request for NARC will have to be reconsidered by the Department concerned of the State Government and based on the documents produced by the applicants, the State machinery will have to process their applications, including the issuance of NARC as contemplated under the Central scheme and as indicated in the various circulars referred to in the judgment. The Writ Petitioner was also given liberty to produce additional documents, if any, before the State Government for processing the application and that the State Government will have to take a decision on the question of issuance of NARC and forward the applications for pension/family pension under the Central freedom fighters' pension scheme to the Central Government and further that on receipt of necessary recommendation from the State Government, the Central Government was directed to consider the application and dispose of the same in accordance with the procedure within three months, etc.

2. Subsequent to Exhibit-P11 judgment dated 13.2.2012, the Writ Petitioner could locate the original of the convict register of the Central Prison, Thiruvananthapuram, relating to the imprisonment of her deceased husband. It is pointed out that Exhibit-P12 is the copy of the said convict register pertaining to the deceased claimant and further that the same was recovered after thorough search of all the per



















































































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