Disposed

Nanu Gopi (Ex.Ina) v. .Union of India Represented by the Secretary to Government Ministry of Defence, Department

Kerala HC28 Nov 2022WP(C)/27379/2022

Case brief

AI extract

What is this about?

A 100-year-old ex-INA freedom fighter challenged the rejection of his pillar pension application. The court prima facie held the impugned order untenable due to theState Government's prior recommendation and inattentiveness to extenuating circumstances, granting liberty to petitioners.

What did the court decide?

Adjudication of the writ petition with liberty to the petitioner to approach this Court upon the revision and reconsideration of the matter at the Government level.

Nanu Gopi (Ex.Ina) Vs .Union of India… — Pension and Retirement Benefits | Kerala HC (2022)

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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 AMIT RAWAL

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MONDAY, THE 28^TH DAY OF NOVEMBER 2022 / 7TH AGRAHAYANA, 1944

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WP(C) NO. 27379 OF 2022

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PETITIONER:

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NANU GOPI (EX.INA)
AGED 100 YEARS
S/O. NANOO, VILAYIL PUTHEN VEEDU, THANNIMOODU,
CHERUNNIYOOR P.O., VARKALA,
THIRUVANANTHAPURAM., PIN – 695142

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BY ADV P.ANOOP (MULAVANA)

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RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT MINISTRY OF DEFENCE, DEPARTMENT OF EX-SERVICEMEN WELFARE, FFR DIVISION, 2ND FLOOR, JAISINGH ROAD, NEW DELHI., PIN – 110001

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2 PRINCIPAL SECRETARY TO GOVERNMENT GENERAL ADMINISTRATION (FFP-A) DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN – 695001

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3 JOINT SECRETARY FFP DIVISION, MINISTRY OF HOME AFFAIRS, , GOVERNMENT OF INDIA, 2ND FLOOR, NDCE-II BUILDING ZAI-SING ROAD, NEW DELHI., PIN – 110001

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GP SRI. JIMMY GEORGE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 27379 OF 2022

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JUDGMENT

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The petitioner has come out with the following prayer:

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“a) Issue a writ of certiorari by call for the records and quash Ext.P12.

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b) Issue a writ of mandamus or any other appropriate writ order or direction directing the 1^st respondent to grant Swantratha Sainik Samman Pension (SSSP) to the petitioner by considering Ext.P8 and P10.

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c) Grant such other relief deemed fit to this Hon’ble Court.

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The predicament of the petitioner is reflected in the order

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dated 25.08.2022 extracted hereinbelow:

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“Inter alia alleges that the petitioner is a freedom fighter and who has been issued Repatriation Certificate by the Captain Lakshmy, Head of Rani Jhansi Regiment in the presence of Captain S.S.Yadava and Captain Sigal on 23.7.1945 at the rear head quarters which office is not in existence. The factum is that the co-mates of the petitioner are not alive and could not furnish the co-prisoners certificate, except the one which is in possession and all the contents were certified by the Member of Parliament. The Principal Secretary to Government had recommended the case for appropriate action. But, vide the impugned decision Ext.P12, his claim for pension has been rejected by the Under Secretary, Government of India without referring to the above.

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WP(C) NO. 27379 OF 2022

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Issue notice before admission. Learned ASGI accepts notice on behalf of the respondents 1 and 3. Learned Government Pleader accepts notice on behalf of the second respondent.

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I am of the prima facie view that the order impugned is not tenable in the eyes of law in view of the recommendation of the Joint Secretary to the State Government much less there is no advertence to the said recommendation, keeping in view the attenuating circumstances, the age and the fact that the other co-mates are not present.

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Learned ASGI submits that the matter would be reconsidered at the level of the Government and seeks short adjournment.

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List on 12.10.2022.”

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Respondents have come out with an order rejecting the case of the petitioner. Faced with the situation, learned counsel for the petitioner submits that he may be permitted to challenge the same. Writ petition is ordered to be closed with liberty aforementioned.

Sd/-

AMIT RAWAL

JUDGE

nak

WP(C) NO. 27379 OF 2022

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APPENDIX OF WP(C) 27379/2022

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PETITIONER EXHIBITS

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`Exhibit P1`	`COPY OF THE CERTIFICATE ISSUED BY CAPTAIN` `LEKSHMY DATED 03-07-1945 ( WITH TYPED COPY)`
`Exhibit P2`	`CERTIFICATE ISSUED TO PETITIONER BY VAKKOM` `KHADER ASSOCIATION & RESEARCH LIBRARY DATED` `20-11-2017`
`Exhibit P3`	`COPY OF THE AFFIDAVIT DATED 11-03-2016 ( WITH` `TYPED COPY)`
`Exhibit P4`	`COPY OF THE CERTIFICATE DATED 23-01-1945` `( WITH TYPED COPY)`
`Exhibit P5`	`COPY OF THE G.O(MS) 207/2017 DATED 03-07-` `2017( WITH TRANSLATION)`
`Exhibit P6`	`COPY OF THE COMMUNICATION BY THE 2ND` `RESPONDENT TO THE 3RD RESPONDENT DATED 30-01-` `2019`
`Exhibit P7`	`COPY OF THE COMMUNICATION DATED 21-01-` `2020( WITH TYPED COPY)`
`Exhibit P8`	`COPY OF THE COMMUNICATION BY THE 2ND` `RESPONDENT TO THE 3RD RESPONDENT DATED 18-02-` `2020`
`Exhibit P9`	`COPY OF THE APPEAL DATED 08-09-2020`
`Exhibit P10`	`COPY OF THE JUDGMENT IN WP(C) NO. 8282 OF` `2021`
`ExhibitP11`	`COPY OF THE JUDGMENT IN CONTEMPT CASE NO` `1214/2022`
`Exhibit P12`	`COPY OF THE DECISION OF THE 3RD RESPONDENT IN` `FILE NO F NO 52/CC/06/2021-FF/INA DATED 05-` `07-2022`

Nanu Gopi (Ex.Ina) v. .Union of India Represented by the Secretary to Government Ministry of Defence, Department

Case brief

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Nanu Gopi (Ex.Ina) v. .Union of India Represented by the Secretary to Government Ministry of Defence, Department

Case brief

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