JAGADAMMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The Petitioner claims to be the widow of a freedom fighter, viz. N. Kumaran. According to the Petitioner, her husband had actively participated in the Punnapra Vayalar movement during the freedom struggle, which is accepted by the Government as a part of the freedom movement. The Petitioner's husband submitted an application for freedom fighter's pension producing the personal knowledge certificates (PKC) issued by M/s. Kunjan Sukumaran and P.K. Chandranandan, along with a non availability of records certificate (NARC) issued by the Chief Judicial Magistrate Court, Alappuzha, where, according to him, the criminal case pursuant to which he had undergone sufferings was registered. That claim was earlier rejected. The Petitioner's husband approached this Court by filing W.P. (C). No. 16911/2004, in which, this Court passed Ext.P5 judgment directing the State Government to forward their recommendation on the application of the Petitioner's husband for freedom fighter's pension and a further direction to the Central Government to pass orders on the application for freedom fighter's pension. In the meanwhile, the Petitioner's husband died. Pursuant to Ext.P5 judgment, Ext.P7 order has been passed relying on a recommendation dated 1.2.2007, which was 10 months' prior to Ext.P5 rejecting the application, mainly on two grounds, which read thus;

(2.) The Respondents have file counter affidavits supporting the impugned orders.

(3.) I have considered the rival contentions in detail.