Kerala High Court
The Union Of India vs P.K.Chellappan on 18 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 18TH DAY OF FEBRUARY 2022 / 29TH MAGHA, 1943
WA NO. 249 OF 2022
AGAINST THE JUDGMENT IN WP(C) 15436/2021 OF HIGH COURT OF KERALA
APPELLANT/RESPONDENT NO.1:
THE UNION OF INDIA
REPRESENTED BY THE DEPUTY SECRETARY TO THE GOVT.,
MINISTRY OF HOME AFFAIRS
FREEDOM FIGHTERS' DIVISION, 2ND FLOOR,
NEW DELHI CITY CENTRE-II BUILDING,
JAISING ROAD, PARLIAMENT STREET, NEW DELHI - 110 001.
BY ADV SMT.MINI GOPINATH, CGC
RESPONDENTS/WRIT PETITIONER & 2ND RESPONDENT:
1 P.K.CHELLAPPAN,
PUNNACKAL HOUSE, NORTH ARYAD,
MANNANCHERRY P.O. ALAPPUZHA - 688 538.
2 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVT.,
GENERAL ADMINISTRATIVE (FFP.A) DEPARTMENT,
GOVT. SECRETARIAT, THIRUVANANTHAPURAM, KERALA - 695 001.
ADV.SRI.K.K.SATHISH FOR R1,
SRI. V.TEKCHAND, SR GP FOR R2
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18.02.2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.249 of 2022
2
JUDGMENT
Dated this the 18th day of February, 2022
S.Manikumar, C.J.
Being aggrieved by the judgment in W.P.(C)No.15436 of
2021 dated 16.12.2021, quashing Exhibit P12 order of
rejection, the consequential declaration holding that the writ
petitioner is eligible for pension under the Swatantrata Sainik
Samman Pension (SSS Pension) Scheme and the further
direction to grant and disburse pension to the writ petitioner
without any further delay and at any rate within two months
from the date of receipt of a copy of the judgment, instant
writ appeal is filed.
2. Short facts leading to the filing of the writ petition
are as hereunder:
The petitioner was a freedom fighter who had actively
participated in the Punnapra Vayalar Movement, during the
freedom struggle. On account of his participation in the said
struggle, an arrest warrant was issued against him by the then
W.A.No.249 of 2022
Special Magistrate Court, Alappuzha in case No.P.E.7/1122 ME
and in order to evade the arrest, he had gone underground for
a period of about sixteen months from 9-3-1122 ME to 11-7-
1123 ME and as such he is entitled to get the benefit of SSS
Pension.
Petitioner is the recipient of the Kerala Freedom
Fighters' Pension (State Pension) as evidenced by Ext P1.
Since the Punnapra-Vayalar Movement was recognized as a
part of the National Freedom Struggle for the purpose of
grant of SSS Pension w.e.f 20-1-1998, the petitioner
submitted Ext.P2 application to the Union of India, 1st
respondent.
In order to substantiate his underground sufferings, he
relied on the Non-availability of records certificate (NARC)
from the CJM Court, Alappuzha and the Personal Knowledge
Certificate issued by the prominent freedom personal fighter
Sri H.K. Chakrapani.
Pursuant to Ext.P10 judgment, the State Government,
2nd respondent, duly recommended the petitioner's claim for
W.A.No.249 of 2022
SSS pension as per Exhibit-P11. However, the 1 st respondent
rejected his claim with a biased and closed mind in an arbitrary
manner, completely ignoring the basic principles/objectives of
the SSS Pension Scheme.
3. The only reason for rejecting the request for grant of
SSS Pension is on the eligibility/ineligibility of Sri.H.K.
Chakrapani to issue the personal knowledge certificate. In
Exhibit P12 order, it is stated that he is not an eligible
certifier.
4. However, adverting to the rival contentions, writ
court has found that Sri.H.K. Chakrapani was convicted and
sentenced to undergo life imprisonment in case No.PE 7/1122
ME. Extract of the convict register of the Central Prison,
Thiruvananthapuram is produced as Exhibit P13 and
admittedly, SSS Pension was sanctioned to Sri.H.K.
Chakrapani, evident from Exhibit P15.
5. Writ court has found that competency of Sri.H.K.
Chakrapani as an 'eligible certifier' was upheld in W.P.(C)Nos.
W.A.No.249 of 2022
27270 of 2007, 23979 of 2008 and 9025 of 2010, copies of
which were produced as Exhibit P15, P16 and P17.
6. Thus, after considering the earlier decisions of this
court stated supra, writ court found that the refusal to
sanction pension to the writ petitioner, alleging incompetency
of Sri.H.K. Chakrapani to be an eligible certifier, is baseless
and unsustainable and accordingly, issued directions as stated
supra.
7. The directions issued by the learned single Judge in
the impugned judgment are assailed on the grounds raised, in
particular that the SSS Pension was granted to Sri.H.K.
Chakrapani, by giving the benefit of doubt and that the State
Government has also issued Exhibit R1(a) on 18.11.2009, by
observing that the certifier, Sri.H.K. Chakrapani had been
sanctioned pension by Government of India only in 2003, by
giving the benefit of doubt, and that he has issued a number
of personal knowledge certificates indiscriminately.
8. Contention that the said Sri.Chakrapani had been
W.A.No.249 of 2022
sanctioned SSS Pension by the Central Government, only on
benefit of doubt, is not acceptable, for the reason that, he has
been found eligible for grant of SSS Pension.
9. Even taking for granted as argued that the said
Sri.Chakrapani had issued personal knowledge certificates to
many persons indiscriminately, it is for the competent
authorities to examine only the genuineness of the said
certificates and cannot at any rate, rule out his competency,
on personal knowledge to issue certificates. Merely because
he has issued number of personal knowledge certificates, he
cannot be said to be an ineligible person to issue a certificate,
or in other words, to hold that he is an eligible certifier in
accordance with the Scheme.
10. Writ petitioner has relied upon Exhibits P15 to P17
judgments decided in favour of the petitioners therein, where
the certificates issued by Sri.H.K. Chakrapani has been taken
note of.
11. In the light of the above, we are of the view that
W.A.No.249 of 2022
there is no manifest error in the impugned judgment,
warranting interference. Writ appeal is, therefore, dismissed.
Writ petitioner is 94 years old. Directions issued by the
writ court be complied with within the time frame.
Pending interlocutory applications, if any, shall stand
closed.
Sd/-
S.Manikumar
Chief Justice
Sd/-
Shaji P.Chaly
Judge
vpv
//true copy//
P.A. to Judge
