Writ petition filed by a widow seeking dependent pension under the Central Swatantrata Sainik Samman Pension Scheme for her husband, whose claim was rejected due to the certifier's ineligibility for issuing the co-prisoner certificate.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
MONDAY ,THE 06TH DAY OF AUGUST 2018 / 15TH SRAVANA, 1940
WP(C).No. 6125 of 2012
PETITIONER/S:
C.K. SAROJINI, AGED 74, W/O.C.K. DIVAKARAN, CHANIVELIYIL, MAYITHARA MARKET.P.O, CHERTHALA, ALAPPUZHA.
BY ADV. SRI. J. OMPRAKASH
RESPONDENT/S:
1 THE UNION OF INDIA REPRESENTED BY THE SECRETARY, FREEDOM FIGHTER'S DIVISION, MINISTRY OF HOME AFFAIRS, LOK NAYAK BHAVAN, KHAN MARKET, NEW DELHI - 110 003.
2 THE STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.
BY ADVS.
SRI.N.NAGARESH ASSISTANT SOLICITOR GENERAL SRI.JESTIN MATHEW, G.P FOR R-2
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06.08.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ALEXANDER THOMAS, J .
W.P(C).No.6125 Of 2012
Dated this the 6th day of August, 2018.
J U D G M E N T
The petitioner, a widow of a person, who claims to have suffered imprisonment for 7 months on account of his involvement in the Punnapra-Vayalar movement, is aggrieved by the impugned Ext.P-10 proceedings dated 21.12.2011 issued by the 2nd respondentState Government and Ext.P-12 proceedings dated 31.1.2012 issued by the 1st respondent whereby the claim of the petitioner for freedom fighters' family dependent pension under the Central Swatantrata Sainik Samman Pension Scheme (SSSP Scheme, 1980) has been rejected.
12.3.2012 are as follows:
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recommend the case of the petitioner to the 1st respondent- Union Government mainly on the ground that Ext.P-8 certificate produced by the petitioner is not genuine as the petitioner has not produced original in that regard. The 1st respondent has issued Ext.P-12 proceedings dated 31.1.2012 rejecting the claim of the petitioner mainly on the grounds stated in para 4 of Ext.P-12 proceedings. In para 4 it is stated that P.A Solomon, who issued Ext.P-8 is not an eligible certifier as he has not suffered minimum imprisonment for one year and that even the State Government has held that Ext.P-
8 Certificate is not genuine as its original was not produced by the petitioner, etc., and that the signature of the certifier in Ext.P-8 is in variance with other certificates issued by the same certifier to other claimants.
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certifier to become eligible to issue a Personal Knowledge Certificate necessarily should have suffered actual imprisonment for more than one year. P.A.Solomon was the certifier in the cases in the common judgment dated 30.5.2018 in W.P.(C).No.791/2013 and connected cases. This Court held that P.A.Solomon is not an eligible certifier. Further a Division Bench of this Court in para 14 of the judgment dated 11.3.2016 in W.A.No.2538/2015 [arising out of W.P.(C).No.29317/2013] has held that a certifier to become eligible to issue a Personal Knowledge Certificate under the Central Scheme should have necessarily suffered actual imprisonment for one year without any remission. The said view rendered by the Division Bench in the context of eligibility to issue Personal Knowledge Certificate would apply with equal vigour in the case of eligibility of a certifier of co-prisoner certificate as well, as both certifiers require to have suffered imprisonment of the requisite period under the Central Scheme. Therefore, in the light of the judgment of this Court, it is only to be held that the certifier who has issued Ext.P-8 is not eligible to issue co-prisoner certificate under the Central Scheme. Further, even going by Ext.P-8, it can be seen that the certifier has direct personal knowledge about the claimant, C.K.Divakaran, only for 5 1/2 months period and the certification regarding the remaining period is
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not based on the direct knowledge of the certifier and it is only to be treated as hearsay version. Therefore, in the light of these aspects, the claimant has not been able to establish the crucial criteria regarding the suffering of imprisonment for period of 6 months in terms of the Central Scheme and therefore the petitioner is not eligible for the grant of pension under the Central Scheme. Moreover, it is also seen that NARC in the prescribed format as per the Central Scheme has not been issued by the 2nd respondent-State Government. For all these reasons this Court is of the view that the impugned proceedings rejecting the claim of the petitioner, does not require any legal interdiction at the hands of this Court in exercise of the powers of judicial review.
Accordingly, the above Writ Petition (Civil) will stand dismissed. Sd/- ALEXANDER THOMAS, Judge.
bkn/-
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APPENDIX
PETITIONER'S/S' EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF THE APPLICATION DATED 16.5.1998. |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE ORDER OF THE DISTRICT ELECTOR, ALAPPUZHA DATED 5.11.1974. |
| EXHIBIT P3 | A TRUE COPY OF THE ORDER OF THE ADDITIONAL CHIEF SECRETARY DATED 25.4.2007 |
| EXHIBIT P4 | A TRUE COPY OF THE LETTER OF THE SECRETARY TO GOVERNMENT DATED 30.9.2010. |
| EXHIBIT P5 | A TRUE COPY OF THE CERTIFICATE ISSUED BY THE SUPERINTENDENT, SUB JAIL, ALAPPUZHA DATED 12.5.1998. |
| EXHIBIT P6 | A TRUE COPY OF THE CERTIFICATE OF P.A.SOLOMON EX.M.P.DATED 25.4.1974 |
| EXHIBIT P7 | A TRUE COPY OF THE REPORT OF THE TAHSILDAR DATED 10.1.1974 |
| EXHIBIT P8 | A TRUE COPY OF THE CO-PRISIONER CERTIFICATE OF SRI. P.A.SOLOMAN EX.M.P. DATED 7.11.2010. |
| EXHIBIT P9 | A TRUE COPY OF THE COVERING LETTER OF THE PETITIONER DATED 27.11.2010. |
| EXHIBIT P10 | A TRUE COPY OF THE LETTER OF THE SECRETARY TO GOVERNMENT DATED 21.12.2011 |
| EXHIBIT P11 | A TRUE COPY OF THE JUDGMENT IN WPC.NO.3319/2010 DATED 11.1.2012. |
| EXHIBIT P12 | A TRUE COPY OF THE ORDER OF THE DEPUTY SECRETARY TO THE GOVERNMENT OF INDIA DATED 31.1.2012. |
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W.P(C).No.6125 Of 2012 EXHIBIT P13 A TRUE COPY OF THE LETTER OF HE SECRETARY TO GOVERNMENT DATED 7.9.2011 EXHIBIT P14 A TRUE COPY OF THE LETTER DATED 25.10.2011 EXHIBIT P15 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE SUPERINTENDENT ,SPECIAL SUB JAIL, ALAPPUZHA DATED 14.10.2011.
2 issues framed by the court
Whether a co-prisoner certificate issued by a certifier who suffered less than one year of imprisonment and on hearsay grounds is eligible under the Central Swatantrata Sainik Samman Pension Scheme.
Whether the State Government's rejection of the pension claim based on the ineligibility of the certifier requires legal interdiction.
C.K. SAROJINI
THE UNION OF INDIA
THE STATE OF KERALA
ALEXANDER THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
