Court dismissed the writ petition challenging the non-grant of Swatantrata Sainik Samman Pension. The Judge held that there cannot be repeated applications based on fresh certificates and no further direction is warranted.
Writ petition dismissed; no costs awarded.
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 K.VINOD CHANDRAN
TUESDAY, THE 21ST DAY OF NOVEMBER 2017/30TH KARTHIKA, 1939
WP(C).No. 6622 of 2012 (C)
PETITIONER:
SAROJINI DIVAKARAN
W/O.LATE K.N.DIVAKARAN, BLOCK NO.537, CHAKKAMALA, VATTAKKARIKKAKOM P.O., PACHA PALODU (VIA), THIRUVANANTHAPURAM-695 502.
BY ADV. SRI.K.K.SATHEESH
RESPONDENTS:
1. UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FF.DIVISION, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI-110 003.
2. STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL ADMINISTRATION (FFP.A)DEPT., THIRUVANANTHAPURAM-695001
R1 BY ADV. SRI.S.KRISHNAMOORTHY, CGC R2 BY ADV. GOVERNMENT PLEADER SMT.A.C.VIDYA.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC6622/2012
APPENDIX
PETITIONER(S) EXHIBITS
| EXT.P1 TRUE COPY OF THE KOLLAM DATED 31-1.1990 |
PROCEEDINGS OF THE DISTRICT COLLECTOR |
|---|---|
| EXT.P2 TRUE COPY OF THE BY THE PETITIONER TO THE RES |
APPLICATION DATED 29-04-2000 SUBMITTED PONDENTS. |
| EXT.P3 TRUE COPY OF THE ISSUED BY SRI.KUNJAN SUKUMAR |
PERSONAL KNOWLEDGE CERTIFICATE(PKC) AN DATED 18-04-1998 |
| EXT.P4 TRUE COPY OF THE ISSUED BY C.G.SADASIVAN EX-M |
PERSONAL KNOWLEDGE CERTIFICATE(PKC) LA DATED 8-09-1983 |
| EXT.P5 TRUE COPY OF THE MAGISTRATE COURT, CHERTHALA. |
NARC ISSUED BY THE JUDICIAL FIRST CLASS |
| EXT.P6 TRUE COPY OF THE 06-2000 ISSUED BY THE 2ND RE |
LETTER NO.6142/FFP.A3/2000/GAD DATED 19- SPONDENT TO THE 1ST RESPONDENT. |
| EXT.P7 TRUE COPY OF THE 2000 ISSUED BY THE 1ST RESPO |
ORDER NO.119/31/2000/FF(SZ) DATED 3-08- NDENT. |
| EXT.P8 TRUE COPY OF THE HON'BLE COURT IN O.P.NO.992 |
JUDGMENT DATED 2-7-2003 PASSED BY THIS 4/2001 |
| EXT.P9 TRUE COPY OF THE 13-1-2004 ISSUED BY THE 2ND |
LETTER NO.78965/FFP.A1/2003/GAD DATED RESPONDENT TO THE PETITIONER. |
| EXT.P10 TRUE COPY OF THE 13-1-2004 ISSUED BY THE 2ND |
LETTER NO.78965/FFP.A1/2003/GAD DATED RESPONDENT TO THE 1ST RESPONDENT. |
| EXT.P11 TRUE COPY OF THE PETITIONER TO THE 2ND RESPON |
REPRESENTATION SUBMITTED BY THE DENT DATED 16-05-2006 |
| EXT.P12 TRUE COPY OF THE POLICE ALAPPUZHA |
NARC ISSUED BY THE DISTRICT SUPDT. OF |
| EXT.P13 TRUE COPY OF THE |
PKC ISSUED BY SRI.H.K.CHAKRAPANI. |
| EXT.P14 TRUE COPY OF THE PETITIONER TO THE 2ND RESPON |
REPRESENTATION SUBMITTED BY THE DENT DATED 27-10-2011 |
WPC6622/2012
EXT.P17 TRUE COPY OF THE EXTRACT OF THE CONVICT REGISTER OF THE CENTRAL PRISON TRIVANDRUM IN RESPECT OF THE CERTIFIER SRI.KUNJAN SUKUMARAN.
EXT.P18 TRUE COPY OF THE EXTRACT OF THE CONVICT REGISTER OF THE CENTRAL PRISON TRIVANDRUM IN RESPECT OF THE CERTIFIER SRI.H.K.CHAKRAPANI.
RESPONDENTS' EXHIBITS :NIL
TRUE COPY
P.S. TO JUDGE
AL/-
K. VINOD CHANDRAN, J
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Dated this the 21st November, 2017
J U D G M E N T
The petitioner submits that the petitioner's
application for pension under the Swatantrata Sainik Samman Pension Scheme, 1980, due to her late husband has not been granted. The petitioner's husband is said to have made an application at Ext.P2 dated 29.04.2000. The petitioner's husband was the recipient of the Kerala Freedom Fighters pension as evidenced by Ext.P1. The application of the petitioner's husband at Ext.P2 was supported by two certificates issued by prominent freedom fighters one Sukumaran and C.G Sadasivan, Ex.MLA. A non-availability of records certificate was also produced at Ext.P5. The pension as applied for by the petitioner was recommended by Ext.P6. But, later, the Government of
WPC.No. 6622/2012
: 2 :
India by Ext.P7 declined consideration for reason of there being no documentary evidence based on the official records in support of the claimed underground sufferings. The non availability of records certificate was also found to be not proper.
WPC.No. 6622/2012
: 3 :
issued by Kunjan Sukumaran. The District Collector noticed that the pension papers of the said Kunjan Sukumaran were signed by the said person, while only a thump impression was made in the certificate produced along with the application. The certificate of C.G Sadasivan was found to be not in the prescribed form. The State Government hence refused to make any recommendation for grant of Swatanthrata Samman Pension.
Chakrapani has issued personal knowledge certificate as seen from Ext.P13 which could be directed to be considered. This Court is of the opinion that there can be no further direction issued especially since twice the deceased freedom fighter and his wife were permitted to apply and the same was not granted by the State. There
WPC.No. 6622/2012
: 4 :
cannot be repeated applications on the basis of fresh certificates issued by different prominent freedom
fighters. It is also an admitted fact that the person who issued the certificate as produced at Ext.P13 is now deceased.
In such circumstances, this Court does not find any reason to direct fresh consideration. Writ
petition would stand dismissed. No costs.
Sd/-
(K. VINOD CHANDRAN, JUDGE)
jma
//true copy//
P.A to Judge
2 issues framed by the court
Whether this Court can direct fresh consideration for pension grant despite repeated applications being rejected.
Whether fresh certificates can be accepted to reopen the decision on pension eligibility after two previous rejections.
SAROJINI DIVAKARAN
UNION OF INDIA
STATE OF KERALA
K. VINOD CHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
