Allowed

Ayushumma v. State of Kerala

Kerala HC14 Oct 2011WP(C)/3465/2006

Case brief

AI extract

What is this about?

Writ petition by legal heirs of deceased freedom fighters filed for grant of Central Freedom Fighters Pension. Court directed Central Government to grant pension and pay it within three months despite missing jail records, relying on State Government verification.

What did the court decide?

Directed Respondent Central Government to grant pension to petitioners and ensure payment within three months from receipt of copy of this judgment.

Ayushumma Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2011)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE B.P.RAY

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FRIDAY, THE 14TH OCTOBER 2011 / 22ND ASWINA 1933

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WP(C).No. 3465 of 2006(K)

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-----------------------------------

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PETITIONERS:

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--------------------

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1. AYSHUMMA, W/O.LATE MOIDEEN, KANJIRAPARAMBIL HOUSE, POST CHALAKKUDY.

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2. MARIYAM KOCHUVAREETHU, W/O.LATE KOCHUVAREETHU, KAITHAVALAPPIL HOUSE, MARKET ROAD, CHALAKKUDY.

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3. ROSAKUTTY DAVID, W/O.LATE DAVID, H.NO.22/138, CHALAKKUDY.

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4. THRESIA ANTONY,

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W/O.LATE ANTONY, CHALAKKUDYKARAN HOUSE, POST KALLETTUMKARA, TRICHUR.

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5. ANNA PAULOSE,

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W/O.LATE PAULOSE, NALIYEKKAL HOUSE, MELLOOR.P.O, CHALAKUDY.

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6. DEVAKI GOVINDAN, W/O.LATE GOVINDAN, KANNAMKUZHI, VETTILAPPARA.P.O, ATHIRAMPILLY.

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7. PHILOMINA,

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W/O.LATE JOSEPH, KATTUPARAMBIL HOUSE, VELLIKULAM ROAD, EAST POTTA, CHALAKKUDY.

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8. ROSY PAULOSE,

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W/O.LATE PAULOSE, THEKKAN VEEDU, HOSPITAL ROAD, CHALAKKUDY.

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BY ADVS. SRI.M.CHATHUKUTTY NAMBIAR SRI.RAJAKRISHNAN. K

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dlk

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WP(C).No. 3465 of 2006(K)

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RESPONDENTS:

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-----------------------

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1. THE DISTRICT COLLECTOR, TRICHUR DISTRICT.

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2. THE SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, STATE OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM.

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3. THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, PF DIVISION, LOK NAYAK BHAVAN, NEW DELHI.

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BY GOVT. PLEADER SRI. P.M. SANEER FOR R1 & R2 SRI.P.PARAMESWARAN NAIR,ASST. SG OF INDIA FOR R-3

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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dlk

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WP(C).No. 3465 of 2006(K)

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APPENDIX

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PETITIONERS EXHIBITS:

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EXT. P1 : PHOTOCOPY OF THE JUDGMENT IN OP NO. 38795/2002 DATED 20.03.2003 OF THE HONOURABLE HIGH COURT.

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EXT. P2 : PHOTOCOPY OF THE REJECTION ORDER OF THE 1ST RESPONDENT DATED 09.08.2003

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EXT. P3 : PHOTOCOPY OF THE THAMRAPATHRA OF THE HUSBAND OF THE 1ST PETITIONR.

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EXT. P4 : PHOTOCOPY OF THE DEATH CERTIFICATE OF THE 1ST PETITIONER'S HUSBAND DATED 18.08.1999.

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EXT. P5 : PHOTOCOPY OF THE THAMRAPATHRA OF THE HUSBAND OF THE 2ND PETITIONER.

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EXT. P6 : PHOTOCOPY OF THE DEATH CERTIFICATE OF THE 2ND PETITIONER'S HUSBAND.

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EXT. P7 : PHOTOCOPY OF THE ACCOUNTANT GENERAL'S ORDER DATED 20.04.1991.

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EXT. P8 : PHOTOCOPY OF THE THAMRAPATHRA OF THE HUSBAND OF THE 3RD PETITIONER.

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EXT. P9 : A PHOTOCOPY OF THE PENSION PAYMENT ORDER DATED 23.06.1992 OF THE HUSBAND OF THE 3RD PETITIONER.

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EXT. P10 : A PHOTOCOPY OF THE THAMRAPATHRA OF THE HUSBAND OF THE 4TH PETITIONER.

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RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

P.A. TO JUDGE

dlk

B.P. RAY, J.

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Dated this the 14^th day of October, 2011.

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JUDGMENT

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The petitioners are the legal heirs of the deceased freedom fighters. They are getting pension from the State of Kerala and have applied to the Central Government for grant of Swatantrata Sainik Samman Pension (Central Freedom Fighters Pension) since 1972. No final decision has been taken by the Central Government in this regard.

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Heard the learned counsel for the petitioners and the learned Assistant Solicitor General. The learned counsel for the petitioner has given me a copy of the judgment in O.P. No. 30679 of 2000.

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It has been repeatedly held by the Supreme Court that when freedom freighters are applying for pension, it is for the State Government to verify the same. As already all the documents may not be with them, the non availability of records certificate issued by the Jail authorities was considered and found that the contention of the petitioner are correct and by Ext.P1 State Government recommended for the grant of Central

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W.P.(C) No.3465/2006

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Pension. So, after verification of the matter by the State Government and after finding that all the requirements under the scheme have been complied with, the request may not be rejected for non-production of non-availability of records certificate. Neither it is disputed at the Bar nor there is any iota of doubt to show that the petitioners' husbands was freedom fighters.

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In the above circumstances, I direct the Central Government to grant pension to the petitioners and pension should be paid within three months from the date of receipt of a copy of this judgment.

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This writ petition is disposed of as above.

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sd/- B.P. RAY, JUDGE.

W.P.(C) No.3465/2006

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B.P. RAY, J.

O.P.No. 13887 of 2002

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Dated this the 20^th day of September, 2011.

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W.P.(C) No.3465/2006

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-:4:-

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JUDGMENT

Ayushumma v. State of Kerala

Case brief

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Ayushumma v. State of Kerala

Case brief

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