The petitioner challenged the rejection of his applications for Freedom Fighter's Pension due to missing documentation regarding his underground activities and the certifier's detention. The Court found no illegality in the orders rejecting the petitions.
Writ petition dismissed with liberty to approach authorities if convincing records are procured.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM
WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931
WP(C).No. 27666 of 2003(R) --------------------------
PETITIONER:
M.D. PAUL, MYLAKKACHALIL HOUSE, MUTHOLAPURAM P.O., ERNAKULAM.
BY ADV. MR.C.HARIKUMAR
RESPONDENTS:
ADV. MR.MOHAN IDICULLA ABRAHAM, ADDL.CGSC FOR R1 GOVERNMENT PLEADER MR.K.P. PRADEEP FOR R2
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).27666/03
APPENDIX
PETITIONER'S EXHIBITS:-
EXT.P1:- COPY OF APPLICATION DT.6.6.01 EXT.P2:- CERTIFICATE OF ABSCONDENCE DT.4.6.01 EXT.P3:- ORDER OF R2 DT.29.4.02 EXT.P4:- ORDER OF R1 DT.22.11.02 EXT.P5:- ORDER OF R2 DT.15.3.03
RESPONDENT'S EXHIBITS:- NIL
okb
//True Copy// P.A. to Judge
C.K.ABDUL REHIM, J.
W.P.(C)No. 27666 of 2003
Dated this the 3rd day of June, 2009.
J U D G M E N T
freedom struggle of the country, is challenging the rejection of his applications for allotment of Freedom Fighter's Pension. According to the petitioner, he took part in “Quit India” movement in the year 1942 while he was a student. It is claimed that he also participated in “Travancore State Congress” movement in the year 1944-45, which is also recognized as a freedom struggle. The petitioner claims that he went underground for about 9 months apprehending arrest pursuant to warrant issued in the case registered in connection with the participation in the freedom struggle, and then he had to escape to the neighbouring State of Tamil Nadu in order to continue his education from there.
WP(C)27666/03 2
Thottam. The certifier in Ext.P2 is an awardee of Central Freedom Fighter's Pension for being participated in “R.I.N. Mutiny” and was undergoing imprisonment from 1946 to 1948. Through Ext.P2 it is certified that the petitioner remained underground for more than 6 months, from October 1944 to June 1945, on account of his participation in the freedom movement. The application for grant of pension under the State Freedom Fighter's Pension Scheme was rejected by Ext.P3. It is noted therein that the certificate produced is lacking details regarding name of the freedom movement in which the petitioner participated, and also lacking details of the case in which arrest was ordered against him, for which he went underground to avoid arrest. Further it is also noticed that the certificate produced along with the application is not in the prescribed form, and no proof is produced to show that the certifier had undergone detention for a period of 2½ years. In the meanwhile, the application submitted by the petitioner for S.S.S. Pension was also rejected through Ext.P4. It is specifically mentioned therein that the petitioner failed neither to produce evidence based on any official records, from the police or from the court, to prove his underground sufferings nor had produced
WP(C)27666/03
3
any “Non-Availability of Record Certificate” (NARC) in lieu of such evidence.
WP(C)27666/03 4
underground. The petitioner has not even produced 'NARC' from the court, and there is no acceptable documentary evidence for recommending him for grant of S.S.S.Pension. Further it is stated that there is no proof produced with respect to imprisonment of the certifier, Sri. John George Thottam, and there are discrepancies noted with respect to the date of grant of Central Pension to the certifier.
WP(C)27666/03
5
considering the fact that the petitioner has not satisfied all the requirements, I do not find any illegality or error in the orders issued rejecting his applications, as per Exts.P3, P4 and P5. Hence the writ petition is devoid of any merit and the same is accordingly dismissed.
However, it is made clear that the dismissal of this writ petition will not preclude the petitioner from approaching the authorities concerned, if he could able to procure convincing records as required under the schemes.
C.K.ABDUL REHIM, JUDGE
okb
1 issue framed by the court
Whether the rejection of the petitioner's applications for Freedom Fighter's Pension was legal and without error given the lack of required documentary evidence?
M.D. PAUL
UNION OF INDIA REPRESENTED BY SECRETARY TO GOVT. OF INDIA, MINISTRY OF HOME AFFAIRS
STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, GENERAL ADMINISTRATION
C.K.ABDUL REHIM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
