Kerala High Court
V.K.Sarasa vs Union Of India on 4 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 4TH DAY OF MARCH 2022 / 13TH PHALGUNA, 1943
WP(C) NO. 18964 OF 2020
PETITIONER:
V.K.SARASA
AGED 77 YEARS
W/O. LATE V.K, GANGADHARAN @ KUNJAN GANGADHARAN,
VADAKUZHIYIL HOUSE, KUTHIRAPANTHY WARD, ALAPPUZHA -688002.
BY ADV K.K.SATHISH
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE DEPUTY SECRETARY TO GOVERNMENT, MINISTRY
OF HOME AFFAIRS, FREEDOM FIGHTERS DIVISION, NEW DELHI CITY
CENTRE - II BUILDING, 2ND FLOOR, A WING, JAISINGH ROAD,
NEAR YMCA, NEW DELHI - 110001.
2 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
ADMINISTRATION (FF.P.A) DEPARTMENT GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695001.
BY ADVS.
SHRI.P.VIJAYAKUMAR, ASG OF INDIA
KUM.S.KRISHNA
SR.G.P SMT. SHEEJA C.S
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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W.P.(C) No.18964 of 2020
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Dated this the 4th day of March, 2022
J U D G M E N T
Aggrieved by and challenging Ext.P14 order
whereunder the petitioner's request for grant of pension
under the Swatantrata Sainik Samman Pension Scheme (SSS
Pension) has been rejected, the petitioner has
approached this Court.
2. The petitioner is the wife of late Sri.V.K.
Gangadharan alias Kunjan Gangadharan. He had actively
participated in the Punnapra-Vayalar Movement which has
been recognised as a freedom struggle. In connection
with his participation in the movement, he had undergone
imprisonment for a period of one year and six months. He
passed away on 30.10.1993. Claiming that he was entitled
for the benefit of SSS pension the petitioner submitted
Ext.P4 application dated 25.04.1998.
3. Heard the learned counsel on either sides. Also
perused the counter affidavit filed.
W.P.(C) No.18964 of 2020
4. That the Punnapra-Vayalar Movement is considered
as a national freedom movement for the purpose of grant
of pension under the SSS Pension scheme has been
acknowledged by the first respondent in Ext.P5
communication dated 07.04.2003. The relevant portion of
the communication reads thus:-
"I am directed to refer to this Ministry's letter of even
number dated 20.01.1998 on the above subject and to say
that the facts relating to Punnapra-Vayalar Movement clearly
show that it was a fight against the princely states for its
merger in India within the Indian Union and such movements
even after 15th August, 1947 are considered as part of the
National freedom movement for the purpose of grant of
pension under the Swatantrata Sainik Samman Pension
Scheme, 1980. Therefore, the cases of freedom fighters of
Punnapra-Vayalar struggle would be covered under the
aforesaid Scheme even if imprisonment period of freedom
fighters had extended beyond Independence. In other words,
the condition of "imprisonment of six months in the main
land jails before independence" would not apply in case of
Punnapra-Vayalar struggle being a movement for merger of
W.P.(C) No.18964 of 2020
erstwhile Princely State, and even if the entire period of
claimed suffering was after independence, it will be covered
under the Scheme."
It is not attempted to be challenged before this Court
that the Punnapra-Vayalar movement does not fall within
the Scheme.
5. The petitioner's application has been rejected
under Ext.P14 essentially for the reason that, record
based primary evidence has not been produced to
substantiate that the petitioner's husband had undergone
imprisonment/detention.
6. Ext.P1 is the true extract of the convict
register of the Central Prison, Thiruvananthapuram
relating to the petitioner's husband. Ext.P1 gives the
details regarding the period of imprisonment undergone
by him and also the offence for which he underwent
imprisonment. As is evident from Ext.P1, it has been
issued by the Superintendent of the Central Prison,
W.P.(C) No.18964 of 2020
Thiruvananthapuram, certifying it to be the true extract
of the Convict Register. When the document has been so
certified, prima facie there is no reason to suspect its
genuineness. That apart the petitioner's husband was
granted pension from the State for his participation in
the Punnapra-Vayalar struggle. Ext.P2 is the proceedings
of the District Collector in the said regard along with
the enquiry report submitted by the Tahsildar. In the
enquiry report, the participation of the petitioner's
husband in Punnapra-Vayalar Struggle, his arrest and
imprisonment for a period of one and a half years etc.
are all recorded. In connection with the 25 th
Anniversary of India's Independence, as declared by the
Government of India, the surviving freedom fighters were
recognized and honoured by distributing 'Thamara
Pathras'. The petitioner's husband was one among the
said recipients. The evidentiary value of Ext.P1
W.P.(C) No.18964 of 2020
certificate and also of the corroborative materials
noted above, have not been considered by the
authorities.
7. In the light of the above, no further materials
are necessary to hold that late V.K.Gangadharan alias
Kunjan Gangadharan was a freedom fighter and had
undergone imprisonment for a period of one and a half
years in connection with freedom struggle, and that the
petitioner who is his widow is entitled for the SSS
pension.
8. Seeking payment of pension, the petitioner had
been after the authorities since the year 1998. She was
required to approach this Court earlier on more than one
occasions. There is no justification for further
protracting her claim for the SSS pension.
9. Accordingly Ext.P14 order is quashed. It is
declared that the petitioner, as the widow of late
W.P.(C) No.18964 of 2020
V.K.Gangadharan alias Kunjan Gangadharan, is entitled
for SSS pension from the date of Ext.P4 application
dated 25.04.1998. The first respondent shall take
necessary steps to have the pension disbursed without
any further delay.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
APPENDIX OF WP(C) 18964/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE EXTRACT OF THE CONVICT
REGISTER OF CENTRAL PRISON,TRIVANDRUM ISSUED
BY THE SUPDT.
EXHIBIT P2 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT
COLLECTOR, ALAPPUZHA DATED 29.06.1972 ALONG
WITH THE ENQUIRY REPORT SUBMITTED BY THE
TAHSILDAR, AMBALAPUZHA.
EXHIBIT P3 TRUE COPY OF THE LETTER INVITATION ISSUED BY
THE DISTRICT COLLECTOR, ALAPPUZHA DATED
04.08.1973 TO THE PETITIONER'S LATE HUSBAND
TO RECEIVE THAMRAPATHRA.
EXHIBIT P4 TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER TO THE RESPONDENTS DATED
25.04.1998.
EXHIBIT P5 TRUE COPY OF THE LETTER NO.6/1/97/FF(P) DATED
07.04.2003 ISSUED BY THE 1ST RESPONDENT TO
THE 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE LETTER NO.
52/CC/KER/55/2004-FF(SZ) DATED 01.09.2004
ISSUED BY THE 1ST RESPONDENT TO THE 2ND
RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 11.07.2007
PASSED BY THIS HON'BLE COURT IN WP(C) NO.
20212/2004.
EXHIBIT P8 TRUE COPY OF THE LETTER NO.
59160/FFP.A2/2007/GAD DATED 18.10.2007 ISSUED
BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE ORDER NO. 52/CC/K/55/2004-
FF/SZ DATED 29.04.2009 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P10 TRUE COPY OF THAT JUDGMENT DATED 13.06.2018
PASSED BY THIS HON'BLE COURT IN WP(C) NO.
26593/2010.
APPENDIX/WP(C) 18964/2020
EXHIBIT P11 TRUE COPY OF THE LETTER NO.FFP-A2/33/2018/GAD
DATED 06.03.2019 ISSUED BY THE 2ND RESPONDENT
TO THE 1ST RESPONDENT.
EXHIBIT P12 TRUE COPY OF THE LETTER NO.52/CC/K/176/2010-
FF(SZ) DATED 10.05.2019 ISSUED BY THE 1ST
RESPONDENT TO THE 2ND RESPONDENT.
EXHIBIT P13 TRUE COPY OF THE LETTER NO.FFP.A2/33/2018-GAD
DATED 27.11.2019 ISSUED BY THE 2ND RESPONDENT
TO THE 1ST RESPONDENT.
EXHIBIT P14 TRUE COPY OF THE LETTER NO.52/CC/K/176/2010-
FF(SZ) DATED 3.2.2020 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P15 TRUE COPY OF THE JUDGMENT DATED 17.11.2012
PASSED BY THIS HON'BLE COURT IN WP(C) NO.
12038/2008.
RESPONDENT EXHIBITS
EXHIBIT R1 TRUE COPY OF THE PENSION SCHEME 1981 IN 1972
PENSION YOJANA DATED 15.08.1981.
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