Writ appeal by the Union of India against a judgment granting Swatantrata Sainik Samman Pension to the widow of a Malabar Special Police personnel who lost his job in the MSP mutiny. The Division Bench held that the State Government's verification and categorical recommendation rested on a due enquiry and dismissed the appeal.
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 THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
MONDAY, THE 10TH DAY OF FEBRUARY 2020 / 21ST MAGHA, 1941
WA.No.1688 OF 2019
AGAINST JUDGMENT DATED 24.07.2018 IN WP(C) NO.22751/2015(T) OF HIGH COURT OF KERALA
APPELLANT/1ST RESPONDENT:
UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS DIVISION, 2ND FLOOR, NDCC-II BUILDING, PARLIAMENT STREET, NEW DELHI-110003.
BY ADVS. SMT.SREEKALA K.L., CGC SRI.P.VIJAYAKUMAR
RESPONDENTS/PETITIONER/RESPONDENTS 2 TO 5:
MR. ARAVINDA KUMAR BABU
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
Dated this the 10th day of February, 2020
S. Manikumar, CJ
Instant writ appeal is filed against judgment dated 24.07.2018 in W.P.
(C) No.22751 of 2015, by which the writ court ordered thus:
“11. Sri.N.James Koshy, learned counsel for the petitioner submits that in a case like this, the petitioner is entitled to get pension and its arrears from the date of application, ie., 30.6.2006. This Court is not making any final pronouncement on that aspect of the matter and would only direct that the petitioner should be granted pension and it is to be ordered at least from 1.12.2014 (date of issuance of Ext.P-9). The pension and the above said arrears shall be disbursed to the petitioner within a period of 2 months from the date of production of a certified copy of this judgment. Thereafter, the competent authority of the 1st respondent-Union Government should consider as to whether the petitioner could be given arrears of pension from the date of her application (viz, 30.6.2006) onwards and if a decision is so taken by the 1st respondentUnion Government should be duly communicated to the petitioner within 2 months thereafter. If the decision in that regard is in favour of the petitioner, then further arrears of pension should also be disbursed to the petitioner in that regard. If the decision in that regard is against the petitioner, she will be at liberty to work out her remedies in accordance with law.
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The Registry will forward a certified copy of this judgment to the 1st respondent-Union Government by registered speed post at the cost of the petitioner.
With these observations and directions, the above Writ Petition (Civil) will stand finally disposed of.”
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fighters' pension under the State Scheme. Pursuant thereto, writ petitioner’s husband was granted the benefit of freedom fighters' pension under the State Scheme vide Exhibit-P8 pension payment order 31.03.1991.
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Thereafter, writ petitioner/1st respondent had submitted an application for grant of pension under the Central Scheme in the year 2006. Exhibit-P4 is the certificate dated 16.06.2005 issued by the Commandant of Malabar Special Police, respondent No.2, wherein it has been certified that writ petitioner’s husband was discharged from MSP w.e.f 16.4.1946 as per D.O.No.449/46 dated 18.5.1946. The main heading was noted as “Dismissal” and sub heading “Disbanded”.
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concerned, which led the District Collector to forward Exhibit-P7 letter dated 1.3.2014 to the State Government. Thereafter, the State Government as per the letter No.90248/FFPA1/13/GAD issued a verification and entitlement report entitling the writ petitioner for grant of pension under the Central Scheme. In spite of this, Union Government has rejected the writ petitioner's claim under the Central Scheme as per order dated 01.12.2014 (Exhibit-P9). It was thus challenging Exhibit-P9 proceedings, W.P.(C) No.22751 of 2015 was filed for the following reliefs:
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some other functionary, under the category of 'dismissed'. Those personnel started claiming Samman pension by submitting copies of the certificates without producing the original. However, the copies produced by them have been attested by a wide range of functionaries, like Assistant Public Prosecutors, Grade II to Medical Officers of PHCs and the certificates mostly pertain to 1980s.
which Samman pension is being claimed, is 'loss of job'. Therefore, the essential ingredients inherent in the claims are:-
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struggle and not due to reasons of excess, etc. This decision was conveyed to the State Government on 26.05.2005. The Commandant's report and the basis on which the Commandant is submitting his report, have to be appropriately examined by the State Government, and the State Government, after satisfying itself of the same, have to unequivocally verify the genuineness or otherwise of the Commandant's Certificate. The Commandant is a State Government functionary and the relevant records are records of the State Government. Therefore, appropriate enquiry, if and as necessitated, and an unequivocal verification of the genuineness or otherwise, are required to be ensured by the State Government. As per the provisions of the Swatantrata
Sainik Samman Pension Scheme, 1980, State Government is required to give its categorical, speaking recommendation apropos the claim (for or against).
(i) Unequivocally verify the genuineness (or otherwise) of the Commandant's Certificate; and
(ii) Give its categorical, speaking recommendation (for or against)
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Government vide its letter No.90248/FFP-A1/2013/GAD dated 29.09.2014, the case of the petitioner was examined on merits, as per law, and having not found acceptable, rejected vide order dated 01.12.2014 (Exhibit-P9), since, neither the State Government nor the writ petitioner has stated the exact employment status of Late Sri.T.Krishnan Nambiar immediately after his dismissal from Malabar Special Police. However, it has been declared vide the said order that in future, if the Government of Kerala submits documentary proof of his unemployment and related issues, the claim would be reconsidered on merits. Thereafter, the writ petitioner or the State Government has not responded. However, the averments in paragraph 3 of
the writ petition are admitted to the extent that dependent family pension under the SSS Pension Scheme, 1980 can be availed by the eligible dependents only if pension has been sanctioned to the deceased freedom fighter during his life time. Revised policy guidelines for disbursement of Central Samman Pension, issued vide Communication No.45/3/2014-FF(P) dated 06.08.2014 read as follows:
“para 1.5 . Sanction of pension after the death of
Freedom Fighter .- No pension shall be sanctioned in the name of the freedom fighter after his/her death even if his/her matter was under examination. This also entails that no life time arrears or dependent pension shall be sanctioned to
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his/her spouse spouse/daughter after the death of the freedom fighter.”
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respondent/appellant prayed for disposal of the writ petition with a direction to the writ petitioner to submit the required documents through State Government enabling the respondent to reconsider her claim.
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13.07.2015 issued by the Tahsildar, Kannur and issued directions to the respondent for granting pension, whereas, as per the provisions of the Scheme, concerned State Government has to submit their recommendations to the Central Government to examine such cases and decide on their merits.
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submissions. Heard learned counsel for the parties and perused the material available on record.
Government of Kerala is extracted hereunder:
“GOVERNMENT OF KERALA
Abstract
Kerala Freedom Fighters Pension Scheme - M S P Strike in 1946 treated as part of Freedom Movement and participants in the Stike declared eligible for Pension to Freedom Fighters - Last date for receipt of application fixed-Orders issued.
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PUBLIC (FREEDOM FIGHTERS PENSION) DEPARTMENT
G.O.(Ms.) 192/74/PD. Dated, Trivandrum, 21.08.1974
Read:- 1. G.O.(P) 143/71/PD dated 22.5.1971
M.S.P. Association
ORDER
In the G.O. first cited, Government had sanctioned a Scheme for grant of pension to freedom fighters subject to the rules prescribed in Annexure I thereto. In the G.O. 2nd cited the last date for receipt of applications by the District Collectors under the Scheme was fixed as 1.11.1973. The request of the Ex.M S P Association, Badagara to give the Ex.M S P personnel who were in the strike in 1946, the status of these freedom fighters and also the question of granting them pension under the Kerala Freedom Fighters Pension Scheme have been under the consideration of Government for some time. The Cochin Police Strike of 1942 has already been recognized by both the State and Central Governments as a movement for the independence of the country and the participants there of have been sanctioned pension to freedom fighters.
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(By Order of the Governor)
Sd/V.K.Kuttan Deputy Secretary”
“INTRODUCTION During Twenty-fifth anniversary (Silver Jubilee year) of Independence a Central Scheme for the grant of pension to freedom fighters and their families from Central Revenues was introduced by the Government of India. The Scheme commenced from 15th August, 1972 and provided for the grant of pension to living freedom fighters and their families; if they are no more alive, and to the families or martyrs. The minimum quantum of pension sanctioned to a freedom fighter by Rs.200/- p.m. and in case of families varied from Rs.100/- to Rs.200/- in accordance with the size and number of eligible dependents in the family. Till 31st July, 1980 the Freedom fighters pension was admissible only to those who were in need of financial assistance on account of their meager annual gross income. Thus an annual income ceiling of
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Rs.5000/- was enforced for eligibility to pension. From 1.8.1980, the benefit of the pension scheme has been extended to all freedom fighters as a token of SAMMAN to them.
2. ENHANCED RATE OF PENSION:
Note only the income ceiling has been removed from 1st August, 1980 but quantum of monthly pension has also been raised. The monthly pension has thus been increased from Rs.200/to Rs.300/- in case of living freedom fighters and from Rs.100/- to Rs.200/- to the widow of the late freedom fighter with additional Rs.50 p.m. each for unmarried daughter upto a maximum limit of Rs.300/- per month.
3. WHO ARE ELIGIBLE DEPENDENTS:
For the purpose of grant of Samman pension, family includes (if the freedom fighter is not alive) mother, father, widower/widow if he/she has not since remarried, unmarried daughters.
Not more than one eligible dependent can be granted pension and in the event of availability of more than one dependent the sequence of eligibility will be widow/widower, unmarried daughters, mother and father.
4. WHO IS ELIGIBLE?
For the purpose of grant of Samman pension under the scheme, a freedom fighter is:-
(a) A person who had suffered a minimum imprisonment of six months in the mainland jails before Independence. However, exINA personnel will be eligible for pension if the imprisonment/detention suffered by them was outside India. The minimum period of actual imprisonment for eligibility of pension has
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been reduced to three months, in case of women and SC/ST freedom fighters from 01.08.1980.
EXPLANATION
(b) A person who remained underground for more than six
months provided he was:
(c) A person interned in his home or externed from his district provided the period of internment/externment was six months or more.
(d) A person whose property was confiscated or attached and sold due to participation in the freedom struggle.
(e) A person who became permanently incapacitated during firing or lathi charge.
(f) A person who lost his job (Central or State Government) and thus means of livelihood for participation in national movement. A MARTYR is a person who died or who was killed in action or in detention or was awarded capital punishment while participation in a National Movement for emancipation of India. It will include an ex-INA or ex-Military person who died fighting the British.
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WHAT ARE THE MOVEMENTS/MUTINIES CONNECTED WITH NATIONAL FREEDOM STRUGGLE
The Movements for merger of erstwhile Princely States within the Indian Union after 15th August, 1947 and the freedom struggle in the former French and Portuguese possession in India (Colonies) are considered as part of the National Freedom Movement for the purpose of grant of Samman Pension under Scheme.
6. HOW TO APPLY?
Persons who consider themselves eligible for Samman Pension under the Scheme should apply in duplicate on the prescribed application form. One form duly filled and supported by required documents as proof of claim of suffering should be sent to the Chief Secretary to the State Government/Union Territory Administration concerned. The second copy should be sent to the Deputy Secretary to the Government of India, Freedom Fighters Division, Ministry of Home Affairs, First Floor, Lok Nayak Bhawan, New Delhi – 3 as an advance copy.
7. AVAILABILITY OF APPLICATION FORMS
Application forms can be obtained from either of two officers,
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i.e., State Government/UT concerned or Freedom Fighters’ Division, Ministry of Home Affairs, 1st Floor, Lok Nayak Bhawan, New Delhi free of cost. All State governments/UT Administrations have been instructed to make available the prescribed application forms in sufficient number at all levels including Block / Tehsil level.
8. LAST PRESCRIBED DATE FOR SUBMITTING APPLICATIONS
The last date for receipt of applications invited in 1972 was fixed as 31.03.1974. As a result of liberalization of pension scheme from 01.08.1980 to 31.07.1981 was given for filling applications for Samman pension. The persons who could not apply earlier due to any reason or who were not sanctioned pension even though they were eligible may submit their applications immediately but before 31st July, 1981. This date was extended. The receipt of applications has since been stopped after 31.03.1982.
9. HOW TO PROVE THE CLAIMS (EVIDENCE REQUIRED)
The applicant should furnish the documents indicated below whichever is applicable:-
(a) IMPRISONMENT/DETENTION ETC.
Certificate from the concerned jail authorities, District Magistrates or the State Government in case of non-availability of such certificates co-prisoner certificates from a sitting MP or MLA or Ex-MP or ex-MLA specifying the jail period (Annexure-I in the application form.)
(b) REMAINED UNDERGROUND:
(i) Documentary evidence by way of Court’s/Government orders proclaiming the applicant as an offender, announcing an award on his head, or for his arrest or ordering his detention.
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(ii) Certificates from veteran freedom fighters who had themselves undergone imprisonment for five years or more if the official records are not forthcoming due to their nonavailability.
(c) INTERNMENT OR EXTERNMENT
(i) Order of internment or externment or any other corroboratory documentary evidence. (ii) Certificates from prominent freedom fighters who had themselves undergone imprisonment for five years or more if the official records are not available. (Annexure II in the application.)
Note:-
The Certifier veteran freedom fighters in respect of underground suffering, internment/externment and the applicant should belong to the same administrative unit before the reorganization of States and their area of operation must be the same.
(d) LOSS OF PROPERTY, JOB, ETC.
Orders of confiscation and sale of property, Orders of dismissal or removal from service.
10. ISSUE OF SANCTION ORDER
The receipt of advance copy of application form is acknowledged. The claim of the applicant will be scrutinized in the State Government/Union Territory administration in consultation with State Advisory Committee on the basis of copy of application submitted to them. After receipt of State verification and entitlement to pension report, the claim of the applicant is scrutinized and if found eligible Pension is granted. Sanctions are issued as applications are scrutinized and conveyed to the Accountant General of the areas with copies to the Chief Secretary
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of the State Government/UT Administration and the Collector/DC of the District concerned. Simultaneously, a communication conveying sanction of pension as also the amount of pension is issued to each grantee. Applicants whose applications are not approved are duly informed.
On receipt of sanction order, the Accountant General concerned will issue PPO authorizing the Treasury/Sub-Treasury officer concerned to make payment of the pension on production of identification documents which will consist of:-
On furnishing these, the Treasury Officer/Sub-Treasury Officer will commence payment of pension.
RULES PERMIT DRAWAL OF PENSION
(a) at the cost of the Government if the amount of monthly pension does not exceed Rs.250/-
(b) on payment of money order commission if the amount of pension exceeds Rs. 250/-.
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Treasury or the Sub-Treasury on his behalf and credit it to his account.
12. DURATION
Except in the case of unmarried daughters, the pension is for the lifetime of the recipient. In the case of unmarried daughters, pension ceases immediately after they are married or become otherwise independent. In the case of death of a pensioner his/her heirs though otherwise eligible for pension will not automatically succeed to such a pension. They shall have to apply afresh with proof of the pensioner and their applications will be considered in terms of the Pension Scheme.
“New Delhi, the Jan 20, 1998
To
The Principal Secretary, Government of Kerala, General Administration (FFP.B) Department,' Thiruvananthapuram.
Subject: Recognition of six regional movements taken place in Kerala during the freedom struggle for the purpose of grant of Samman Pension under the Swatantrate Sainik Samman Pension Scheme, 1980 - reg.
Sir,
I am directed to refer to the Chief Minister of Kerala's D.O.No.81623/FFP.A1/96/GAD dated 8th November, 1996
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addressed to the Union Home Minister and the State Government's letter No.81623/FFP.A1/96/GAD dated 5/2/1997 and wireless massage dated 11/7/1997 on the subject mentioned above. The State Government of Kerala have sent a proposal for recognition of the following six movements taken place in Kerala during the freedom struggle for the purpose of grant of Samman Pension:-
Yours faithfully, Sd/(SHISHIR JHA) DEPUTY SECRETARY TO THE GOVT. OF INDIA”
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“ CERTIFICATE
Certified that Sri.Krishnan Nambiar EAF PC 1361 of MSP was discharged from MSP with effect from 16-04-1946 as per DO No.449/46 dated 18.5.1946, the main heading which was noted as “Dismissal” and sub heading “Disbanded”.
Sd/-
Commandant, MSP”
is extracted hereunder:
“No.40477/04
The Principal Secretary, General Administration (FFPA) Thiruvananthapuram.
Sub:- SSS Pension, application of P.V.Yesodamma Ref:- Government Letter No.49634/FFPAI/2006/GAC-Letter dated 7/7/06.
As per the request referred above, conducted the enquiry and came to know that Late Krishnan Nambiar, husband of P.V.Yesodamma was not reinstated or employed in any Union, Local Self Government Institutions or any district board institutions. It is also came to know that after the death of her husband, P.V. Yesodamma is receiving State pension.
Yours faithfully Secretary (General)”
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Government by letter dated 14.02.2007 (Exhibit-P6) has recommended to the
appellant, to grant SSS Pension to the writ petitioner. Exhibit-P6 reads thus:
“GOVERNMENT OF KERALA
GENERAL ADMINISTRATION (FFP A) DEPARTMENT
No.49634/FFP-A1/2006/GAD
Thiruvananthapuram Dated:14.2.2007.
From
The Additional chief Secretary to Govt.
To
The Secretary to Government of India, Ministry of Home Affairs, Lok Nayak Bhavan, Khan Market, New Delhi.
Sir,
Sub:- Swatantrata Sainik Samman Pension case of Smt.P.V. Yesoda Amma, W/o. late T. Krishnan Nambiar -reg. Ref: Swatantrata Sainik Samman Pension application of the petitioners dated 30.6.2006.
The petitioner P.V. Yesoda Amma, W/o. late T.Krishnan Nambiar had submitted an application for Swatantrata Sainik Samman Pension on 30.6.2006 for her late husband's participation in MSP Strike in 1946.
Shri T. Krishnan Nambiar belongs to 'Disbanded' category (P.C. No.1361). Government of India as per order dated 20.1.1998 recognised MSP Strike as freedom struggle for granting Swatantrata Sainik Samman Pension.
District Collector, Kannur has reported that the petitioner's late husband Shri T.Krishnan had lost his job due to his participation in MSP Strike in 1946. He wasn't reemployed in Government, Semi-
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Government or local bodies and had not received any pay or allowances within two years of his loss of job in MSP. Based on the certificate of MSP Commandant, District Advisory Committee have also recommended the case for Swatantrata Sainik Samman Pension.
No grounds are seen to doubt the genuineness of the Certificate of the Commandant, MSP. The MSP Commandant has also reported that Shri T. Krishnan Nambiar (EAF PC 1361) was not re-employed in MSP after his loss of job. No information regarding his re-appointment is seen received.
In the above circumstances, a categorical speaking recommendation is hereby given as required by you contained in the relevant records based on the genuineness of Commandant's Certificate and re-employment status.
Based on the above facts, the Swatantrata Sainik Samman Pension application of the pensioner is recommendable. The Swatantrata Sainik Samman Pension application (in original) together with the enclosures are forwarded herewith recommending the case for Swatantrata Sainik Samman Pension.
THOMAS C. GEORGE ADDITIONAL CHIEF SECRETARY TO GOVT.”
pension, duly recommended by the authorities concerned, including State Government, appellant passed an order dated 1.12.2014 rejecting the claim of the writ petitioner under the Central Scheme. The main grounds on which the claim of the writ petitioner has been rejected are dealt with in para 8 of the abovesaid order and the same is reproduced:
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“8. On receipt of the said verification report dated 14.07.2007, the claim has been examined on the basis of documents on record, mandatory verification cum entitlement to pension report of the Government of Kerala and applicable provisions of the Scheme and it is found that the claim of the petitioner does not meet the eligibility criteria and evidentiary requirement, stipulated under the SSSP Scheme on the following grounds:-
(i) The Government of Kerala has recommended the case for pension. But positive recommendation of the State Government is based on the Certificate issued by the Commandant MSP and report of the District Collector. In his letter no.A6-6109/2014/M dated 07-04-2014, the Commandant has, inter alia, stated as under:-
“By verifying the certificate No.A6-8478/2005/M Dated 16.05.2005, it is clear that the certificate is genuine. And the copy of the extract of D.O.No.449/46 dated 18.05.1946 is enclosed herewith in which the name and the General No. of the incumbent is denoted against Sl.No.25 in page No.7......”
It is evident from the above that the Office of Commandant does not have sufficient documentary evidence (except D.O.No.449/46 dated 18.05.1946) to state unequivocally that Sri.Nambiar was dismissed from MSP due to his participation in the MSP Strike. He may have been dismissed for reasons other than the claimed participation in the MSP strike. Mere dismissal from the MSP does not lead to conclusive proof of his participation in the MSP Strike.
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(ii) The State Government has in para 3 of its letter No.49634/FFP A1/2006/GAD dated 14.02.2007 stated as under:-
“He was not reemployed in Government, SemiGovernment or local bodies and had not received any pay or allowances within two years of his loss of job in MSP.”
Further in para 4 of the same letter dated 14.02.2007, it has been stated as follows:-
“No information regarding his reappointment is seen received.”
Thus the State report in respect of employment status of Shri Nambiar, after his dismissal from MSP is contradictory and hence cannot be relied upon.
(iii) On this matter, Para 3 of this Ministry's Circular No.58/74, issued from file No.8/1/74-ff(P) dated 6th June, 1974 reads as under:-
para 3 . It has also been decided that the following categories of Freedom Fighters should not be made eligible for grant of pension:-
(c) Persons who are dismissed/removed/resigned from service and later reinstated/reemployed and/or given benefits including arrears of pay and pension.
(d) Persons whose property was confiscated or attached, but later restored to them.
It is hard to believe that the petitioner's husband remained unemployed after his dismissal from MSP. If he was not gainfully employed, what was his source of livelihood. Government of Kerala has not clarified as to what type of office records has been maintained to certify that the petitioner's late husband remained
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unemployed for two year immediately after his dismissal. Even after two years if the petitioner's late husband got employed having pensionary benefits, it must have been passed on the petitioner rendering her ineligible for the benefits under the provisions of SSS Pension Scheme, 1980.
xxx xxx xxx”
addressed to the District Collector, Kozhikode, has stated that all 646 personnel recipients of the discharge certificates were participants of MSP
Strike, and who were terminated due to participation in MSP Strike, lost their employment. Said report is extracted hereunder:
“No.A6-8261/99 M
Office of the Commandant Malabar Special Police, Malappuram, Dt. 10.8.2000
From The Commandant M S P, Malappuram To The District Collector, Kozhikode. Sir, Sub:- SSS Pension from Central revenues – MSP strike 1946 Clarification of furnishing of. Ref:- 1. Govt. Lr. No.41273/FFP. A2/2000/GAD dtd. 16.5.2000 to Dist. Collector, Kannur, copy......... 2. Lr. No.C3-32422/2000 dt. 29.6.2000 of Dist.Collector Thrissur. 3. Lr. No.M5.20364/2000 dt. 26.6.2000 of Dist.Collector Kozhikode. 4. Lr. No.C3.32572/2000 dt. 4.7.2000 of Dist.Collector Thrissur. 5. Lr. No.M5.23871/2000 dt. 26.6.2000 of Dist.Collector Kozhikode.
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With reference to the letters cited, I have to state the following.
As per this office D.O. No.449/46 dtd.18.5.46 (Copy enclosed), 646 persons had left MSP. Details are as follows:
Number dismissed – 193 Number removed from service - 5 Number disbanded/ discharged – 228 Number resigned - 220 -------Total - 646 ======
In this office order No.449/46 dtd. 18.5.46, it was ordered that “The following persons have left the MSP from the dates noted against them”.
Later, there was a movement in 1957 for reinstating those personnel who lost employment as a result of MSP strike in 1946. In G.O(MS) 215/Home dtd. 4.3.1958 it was ordered that 50% of the vacancies arising in future in the Armed Reserve units including the MSP shall be reserved for re-employment of the Ex. MSP personnel below 40 years of age according to their service seniority subject to medical fitness.”
In G.O(Rt) 826/59 PD dtd. 17.4.59, orders were issued for the appointment of those Ex-MSP personal who were above 40 years in suitable posts in the various departments as full time contingent employees. Subsequently, in the HO(MS) 695/59/Home dtd.26.9.59 orders were issued cancelling GO(MS) 215/Home dtd.4.3.1958, as certain practical difficulties in the implementation of that order were brought to the notice of Govt. by the Inspector General of Police.
In the GO(MS) No.159/69 Home (SS) Department dated 14.5.1969, Govt. ordered that Ex-MSP personnel below 40 years
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of age who lost employment as a result of the MSP Strike in 1946 may be appointed in part-time contingent posts. In the light of the above GO, directions were given to all Heads of departments by Govt. in letter No.52141/A1/71/Home dated 18.2.1972 for the re-appointment of the above personnel suitable posts as and when vacancies of part-time contingent employees arise in their respective department. But no information regarding their reappointment in any department is seen received in the office.
Later, in GO(MS) 192/74/PD dtd. 21.8.74, Govt. decided to treat the MSP strike as part of the Freedom Struggle and participants in the strike were declared eligible for pension under the Kerala Freedom Fighters' Pension Rules. In order to consider their eligibility for the grant of pension under the scheme by the respective Dist. Collectors discharge certificates to the effect that they had participated in the MSP Strike in 1946 and that their services were terminated due to such participation in MSP Strike, were being issued from 1974 onwards.
A copy of the office District Order No.449/46 was sent to the Under Secretary to Govt., Government of India, Ministry of Home Affairs, Lok Nayak Bhavan, Khan Market, New Delhi as per this office letter No.A6-8261/99M dated 16.11.99 in response to his letter No.52/K/71/99-FF (S2) dtd. 5.11.99. A copy of the same and copy of the list of 645 MSP personnel who lost employment as a result of the MSP Strike in 1946 were sent to the Secretary to Govt. Govt. of Kerala, General Administration (FFPA) Department, Thiruvananthapuram, as per this office letter No.A6-8261/99 M dtd. 18.1.2000 in response to his letter No.110569/FFP-A2/99/GAD dtd.21.12.1999.
In GO(MS) No.192/74/PD dtd. 21.8.74, it was to the participants of MSP Strike in 1946 (ie who lost employment due to
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participation in MSP Strike) FFP was sanction. But in all correspondence it is being shown them as “MSP personnel dismissed from service in 1946”, as they are the participants of MSP Strike in 1946 who lost their employment due to participation in MSP Strike. It was with this meaning, discharge certificates with the words “Dismissed due to participation in MSP Strike in 1946 were issued to the Ex-MSP personnel.
All the personnel who are the recipients of the discharge certificates of the above model are participants of MSP Strike who were terminated due to participation in MSP Strike and they had lost their employment due to participation of MSP Strike.
Yours faithfully,
Sd/-
For Commandant, MSP.”
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the appellant is not entitled to brush aside the same on flimsy reasons and baseless findings. It is also convincing and explicit that the petitioner has sufficient qualification as the widow of the freedom figher to secure central pension also.
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reports submitted by the State Government in that regard. Though a detailed counter affidavit has been filed before the writ court, the appellant has not made out any established circumstances, so as to convince the writ court that the report submitted by the State Government before Government of India is, in any manner, incorrect, illegal or arbitrary, justifying interference. Furthermore, it is evident from the report of the State Government that it has arrived at the conclusion after evaluating all the factual circumstances and documents referred to therein.
In the light of the above discussions, we have no hesitation to hold that appellant has not made out a case warranting interference of this Court in the appeal filed under Section 5 of the Kerala High Court Act, since the learned single Judge has exercised the discretion in accordance with law, for arriving at the conclusions. Appeal fails and accordingly, it is dismissed. No costs.
Sd/-
S.MANIKUMAR CHIEF JUSTICE
Sd/- SHAJI P.CHALY JUDGE
krj
2 issues framed by the court
Whether the widow of a participant in the MSP mutiny was entitled to Swatantrata Sainik Samman Pension where the State Government had verified the claim and given a categorical recommendation in her f
Whether the Central Government could reject the pension claim despite the State Government's verification report, the Commandant's certificate and the District Collector's report.
Colour shows how this judgement treated each authority
C.Santhanam v. State of Tamil Nadu and OthersReferred¶17
W.P. No.7707 of 2000
Sri.K.Gopinathan Pillai v. Union of India and OthersReferred¶14
judgment dated 18.02.2005 in W.A. No.1676 of 2003
2 provisions across 2 enactments
Union of India
P.V. Yesoda Amma
State of Kerala
Commandant, Malabar Special Police (MSP)
The District Collector, Kannur
The Tahsildar, Taluk Office, Kannur
S. Manikumar
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
