Dismissed

P.V. Thankachi v. Union of India

Kerala HC21 Nov 2017WP(C)/16476/2012

Case brief

AI extract

What is this about?

This writ petition challenged the rejection of the petitioner's husband's claim for pension under the Swatantrata Sainik Samman Pension Scheme, 1980. The High Court examined discrepancies in the petitioner's husband's applications regarding his suffering and the lack of required documents, leading to a rejection of the claim.

What did the court decide?

The writ petition was dismissed. No costs awarded.

P.V. Thankachi Vs Union of India — Pension and Retirement Benefits | Kerala HC (2017)

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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 K.VINOD CHANDRAN

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TUESDAY, THE 21ST DAY OF NOVEMBER 2017/30TH KARTHIKA, 1939

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W.P(C).No.16476 of 2012 (H)

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PETITIONER(S):-

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P.V. THANKACHI, W/O.LATE P.A.CHELLAPPAN, PULICHIMAVUNKAL, THUMPOLY.P.O., ALAPPUZHA-688 008.

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BY ADV. SRI.K.K.SATHEESH.

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RESPONDENT(S):-

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UNION OF INDIA, REPRESENTED BY THE DEPUTY SECRETARY, MINISTRY OF HOME AFFAIRS, (F.F.R.DIVISION), 2ND FLOOR, NDCC PHASE-II, PARLIAMENT STREET, NEW DELHI-110 001.

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BY CENTRAL GOVERNMENT COUNSEL SRI.S.KRISHNAMOORTHY.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-

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W.P.(C) NO.16476 OF 2012-H

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APPENDIX

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PETITIONER(S) EXHIBITS:-

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P1TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, ALAPPUZHA DATED 3.4.1974.

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P2TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER'S LATE HUSBAND DATED 8.4.1998.

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P3TRUE COPY OF THE PERSONAL KNOWLEDGE CERTIFICATE ISSUED BY SRI.P.K.SUKUMARAN DATED 8.4.1998.

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P4TRUE COPY OF THE PERSONAL KNOWLEDGE CERTIFICATE ISSUED BY SRI.NARAYANAN RAMANKUTTY DATED 7.11.2002.

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P5TRUE COPY OF THE LETTER DATED 6.4.2003 ISSUED BY THE STATE GOVT. TO THE PETITIONER.

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P6TRUE COPY OF THE JUDGMENT DATED 23.11.2004 PASSED BY THIS HON'BLE COURT IN O.P.NO.12401/2003.

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P7TRUE COPY OF THE NON-AVAILABILITY OF RECORDS CERTIFICATE (NARC) ISSUED BY THE CHIEF JUDICIAL MAGISTRATE COURT, ALAPPUZHA.

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P8TRUE COPY OF THE ORDER DATED 11.4.2005 ISSUED BY THE RESPONDENT. P9TRUE COPY OF THE NON-AVAILABILITY OF RECORDS CERTIFICATE (NARC) FROM THE SUPERINTENDENT OF POLICE, ALAPPUZHA DATED 19.5.2005.

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P10- TRUE COPY OF THE PERSONAL KNOWLEDGE CERTIFICATE (PKC) ISSUED BY SRI.H.K.CHAKRAPANI DATED 23.4.2005.

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P11- TRUE COPY OF THE JUDGMENT DATED 21.11.2011 PASSED BY THIS HON'BLE COURT IN W.P[C]NO.18858/2006.

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P12- TRUE COPY OF THE LETTER NO.4882/FFP.A2/2012/GAD DATED 14.3.2012 ISSUED BY THE STATE GOVT.

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P13- TRUE COPY OF THE ORDER NO.52/CC/85/2005-FF(SZ) DATED 22.6.2012 ISSUED BY THE RESPONDENT.

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RESPONDENTS' EXHIBITS:-

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R1(a) TRUE COPY OF THE SALIENT FEATURES OF SWATANTRATA SAINIK SAMMAN PENSION SCHEME, 1980.

vku/-

[ true copy ]

K. Vinod Chandran, J

W.P.(C).No.16476 of 2012-H

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Dated this the 21^st day of November, 2017

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JUDGMENT

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The petitioner is aggrieved with Exhibit P13 order passed

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by the Ministry of Home Affairs, rejecting the claim of pension under the “Swatantrata Sainik Samman Pension Scheme, 1980” [for brevity “SSS Pension Scheme”].

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Heard learned Counsel for the petitioner and Sri.S.Krishnamoorthy appearing for the Ministry.

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The petitioner's husband was the applicant for the SSS Pension, who is said to have filed Exhibit P2 dated 08.04.1998. The same was supported by a Personal Knowledge Certificate of one prominent freedom fighter P.K.Sukumaran, as is seen from Exhibit P3. Thereafter he had also furnished another Personal Knowledge Certificate, of one S.Narayanankutty, produced as Exhibit P4. Government of Kerala, however, refused to recommend the grant, since there was no proper 'Non-availability of Records Certificate' from the concerned authority. The petitioner's husband was before this Court, in which Exhibit P6 judgment was passed. The State Government was directed to reconsider the claim,

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WP(C) No.16476 of 2012

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provided the petitioner produces the Certificate of Non-availability of Records. The claimant made an application for such a certificate as per Exhibit P7. Government of Kerala examined the claim; but, again failed to make a recommendation and consequently the claim was rejected as per Exhibit P8 by the Government of India.

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Later, the husband of the petitioner again approached this Court with a writ petition [W.P(C) No.18858 of 2005], contending that there were two certificates at Exhibits P9 and P10 forwarded to the State Government. This Court directed the State Government to recommend the case of the petitioner within one month from the date of receipt of a copy of the judgment. The freedom fighter by that time passed away and his wife, who is the petitioner herein, was impleaded in the said case. A recommendation was made by the State Government at Exhibit P12, which was declined by the Central Government, at Exhibit P13.

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The Central Government in Exhibit P13 specifically noticed that the petitioner's husband had applied on 07.02.1973 claiming under-trial imprisonment suffering of six months. At that point of time, the Punnapra-Vayalar Movement was not recognized

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WP(C) No.16476 of 2012

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as a freedom movement for grant under the SSS Pension Scheme. The Central Government verified the subsequent application of the freedom fighter with the earlier claim made in 1973. It was found that there were different sufferings indicated in his two claim applications made on 07.02.19783 and 08.04.1998; but on overlapping days. While the earlier application asserted under-trial imprisonment suffering from 21.02.1947 to 05.09.1947, the second application claimed underground suffering from 24.01.1947 to 25.08.1947. Obviously both these cannot be sustained since the freedom fighter claimed to be underground from January to August 1947 in the application made in the year 1998 while in the application made in 1973 he asserted that he was imprisoned as an under-trial between February and September of the same year. The Central Government also found that the primary evidence, a valid Non-Availability of Record Certificate and two Personal Knowledge Certificates, are required for claims under 'Underground Suffering' as per the SSS Pension Scheme. There was no details produced of the case in which the petitioner's husband was implicated. The Personal Knowledge Certificate issued by the prominent freedom fighter that

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WP(C) No.16476 of 2012

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the husband of the petitioner had remained underground was found to be in conflict with the original claim that he had been suffering under-trial imprisonment which periods overlap. In such circumstances, this Court does not find any reason to interfere with Exhibit P13.

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The writ petition would stand dismissed. No costs.

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Sd/K.Vinod Chandran Judge.

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vku/-

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[ true copy ]

P.V. Thankachi v. Union of India

Case brief

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P.V. Thankachi v. Union of India

Case brief

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