LAKSHMY AMMA v. THE UNION OF INDIA

SMT.REKHA C. NAIR, SENIOR GOVERNMENT PLEADER SRI.S. MANU, DSGI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No.43328 of 2023 2 JUDGMENT Dated this the 12th day of January, 2024 The petitioner is a widow of a freedom fighter. Her husband filed an application for getting Swatantrata Sainik Samman Pension (SSS Pension). The State Government did not recommend the application, on the ground that the application is defective. Consequently, the Government of India rejected the pension application. The petitioner’s husband passed away on 15.07.2000. In the circumstances, the petitioner seeks to quash Exts.P13, P14 and P15 and to direct the 2nd respondent to send a positive recommendation in respect of Ext.P1 application to the 1st respondent and to direct the 1st respondent to grant pension to the petitioner with arrears.

2. Government Pleader entered appearance and resisted the writ petition. The Government Pleader submitted that for getting SSS pension, the petitioner has to support her WP(C) No.43328 of 2023 3 application along with necessary documents. In the application submitted by the petitioner’s husband, the period of underground suffering was not specifically mentioned. Furthermore, the Personal Knowledge Certificate issued by Sri.Kunjan Sukumaran had only a thumb impression and there was no signature on it.

3. Furthermore, the originals of the Personal Knowledge Certificate from Sri.Kunjan Sukumaran and Non- availability of Records Certificate obtained from the First Class Magistrate’s Court, Cherthala were not submitted. In the circumstances, the State Government had no other go than to reject the application submitted by the petitioner. If the petitioner resubmits the application along with necessary documents, the same can be processed in accordance with the provisions of the SSS Pension Scheme, contended the Government Pleader.

4. The Deputy Solicitor General of India entered appearance. The Deputy Solicitor General of India submitted WP(C) No.43328 of 2023 4 that without a proper recommendation from the State Government, the Government of India cannot sanction SSS pension to the petitioner’s late husband.

5. I have heard the learned counsel for the petitioner, the learned Deputy Solicitor General of India representing the 1st respondent and the learned Government Pleader representing respondents 2 and 3.

6. The petitioner submits that the petitioner’s late husband was a freedom fighter. He had participated in the freedom struggle and had to undergo suffering underground. Sri.Kunjan Sukumaran, who was another acknowledged freedom fighter had issued Ext.P3 Certificate evidencing that the petitioner’s husband had to go underground for more than one year. The petitioner has submitted all relevant documents. The petitioner’s application was not forwarded by the Government of Kerala to the Union of India for the following reasons: WP(C) No.43328 of 2023 5 (i) In the Swatantrata Sainik Samman Pension application submitted by your late husband, the period of underground suffering is not specifically mentioned. (ii) The Personal Knowledge Certificate issued by Sri.Kunjan Sukumaran bears only thumb impression which is not acceptable. (iii) The originals of the Personal Knowledge Certificate from Sri.Kunjan Sukumaran and Non- availability of Records Certificate from the First Class Magistrate’s Court, Cherthala are not seen submitted.

7. The first ground for rejection of application is that in the SSS pension application submitted by the petitioner’s husband, the period of underground suffering is not specifically mentioned. Ext.P3 is the Certificate issued by Sri.Kunjan Sukumaran. Ext.P3 Certificate would show that the petitioner’s husband had underground suffering from

11.3.1122 ME – 6.5.1123 ME. As the period of underground suffering is shown in Ext.P3, though in malayalam era, that must suffice the requirement.

8. The further ground is that the Personal Knowledge Certificate issued by Sri.Kunjan Sukumaran bears only thumb impression, which is not acceptable. If Kunjan Sukumaran is an illiterate and aged person or if he opts to put his thumb WP(C) No.43328 of 2023 6 impression rather than signature, the respondents cannot insist that such a person should have put the signature in the Certificate issued by him. There is no law or executive instructions prohibiting a person from putting thumb impression in the place of signature. The said reason is therefore unacceptable.

9. It is further stated that the originals of Personal Knowledge Certificate from Sri.Kunjan Sukumaran and Non- availability of Records Certificate from the First Class Magistrate’s Court, Cherthala are not seen submitted. The petitioner would reiterate that the originals of Personal Knowledge Certificate from Sri.Kunjan Sukumaran was submitted along with the application. At any rate, the petitioner cannot be asked to produce the Personal Knowledge Certificate again from Sri.Kunjan Sukumaran at this distance of time, which is likely to be an impossible task. In the circumstances, it would be only proper that Ext.P3 is considered as a true and genuine document. WP(C) No.43328 of 2023 7

10. In the afore circumstances, I am of the view that the Secretary to the Government of Kerala shall process the application submitted by the petitioner without insisting on the conditions in Ext.P14. In the facts of the case, Exts.P13, P14 and P15 are set aside. The 2nd respondent is directed to reconsider the application for freedom fighters pension submitted by the petitioner’s late husband and process the same in accordance with law and if other conditions are satisfied, forward the same to the 1st respondent along with appropriate recommendations. Sd/- N.NAGARESH JUDGE WP(C) No.43328 of 2023 8 APPENDIX OF WP(C) 43328/2023 PETITIONER EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 Exhibit P10 Exhibit P11 TRUE COPY OF THE APPLICATION DATED 21.04.1998 FILED BY SRI.KOCHUKUTTY DAMODARAN. TRUE COPY OF THE STATE PENSION ORDER ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA DATED 17.03.1989. TRUE COPY OF THE CERTIFICATE ISSUED BY SRI.KUNJAN SUKUMARAN DATED 21.04.1998. TRUE COPY OF THE CONVICT REGISTER RELATING TO PANICKER SUKUMARAN DATED NIL ISSUED BY THE SUPERINTENDENT, CENTRAL PRISON, THIRUVANANTHAPURAM. TRUE COPY OF THE CENTRAL PENSION ORDER DATED NIL ISSUED TO SRI. KUNJAN SUKUMARAN ALIAS PANICKER SUKUMARAN ISSUED BY THE DEPUTY SECRETARY TO GOVERNMENT OF INDIA. TRUE COPY OF THE APPLICATION AND THE ORDER OF THE JUDICIAL FIRST-CLASS MAGISTRATE, CHERTHALA IN CASE NO. P.E. 8/1122 M.E. DATED 18.05.1981. TRUE COPY OF THE LETTER OF THE UNDER SECRETARY TO GOVERNMENT OF INDIA DATED 05.01.1999. TRUE COPY OF THE A.D. CARD OF THE DISTRICT COLLECTOR, ALAPPUZHA DATED 06.05.1998. TRUE COPY OF THE LETTER NO.2537/FFP A2/2008/GAD DATED 09.09.2008 ISSUED BY THE ADDL. CHIEF SECRETARY TO GOVERNMENT. TRUE COPY OF THE JUDGMENT DATED 02.02.2012 OF THIS HON'BLE COURT IN W.P.(C) NO. 11914/2008. TRUE COPY OF THE JUDGMENT DATED 22.06.2012 OF THE DIVISION BENCH OF THIS HON'BLE COURT IN W.A. NO. 1040/2012. WP(C) No.43328 of 2023 9 Exhibit P12 Exhibit P13 Exhibit P14 Exhibit P15 Exhibit P16 Exhibit P17 TRUE COPY OF THE LETTER NO. FFP2/24/2023- GAD DATED 03.11.2023 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER AND DY. SECRETARY. TRUE COPY OF LETTER NO. 65028/FFP- A2/2012 GAD DATED 04.02.2012 ISSUED BY THE SECRETARY TO GOVERNMENT. TRUE COPY OF LETTER NO. 65028/FFP- A2/2012 GAD DATED 18/-9/2012 ISSUED BY THE SECRETARY TO GOVERNMENT. TRUE COPY OF THE LETTER F.NO.52/CC/K/44/2008/FF (SZ) DATED 23.04.2013 ISSUED BY THE DY. SECRETARY TO GOVERNMENT OF INDIA. TRUE COPY OF THE REPORT OF THE TAHSILDAR CHERTHALA DATED 27.03.1988. TRUE COPY OF THE REPRESENTATION DATED 12.06.2009 SUBMITTED BEFORE THE 2ND RESPONDENT