SANKUNNY K N Vs. UNION OF INDIA

JUDGEMENT

(1.) THE claim of the appellant, an octogenarian, for pension under the Swatantrata Sainik Samman Pension Scheme (SSSP) of the Central Government was refused to be recommended by the State for want of details to confirm the credentials with respect to Ext. P1 Jail Certificate, which made the appellant to approach this Court by filing the writ petition.

(2.) THE case of the appellant is that he participated in the Punnapra-Vayalar Movement, which has been recognised by the Central Government as part of the Freedom Struggle. It is also the case of the appellant that, by virtue of such participation, he had to undergo imprisonment, as borne by Ext. P1 jail certificate issued by the Superintendent of Central Prison, Thiruvananthapuram for more than six months. Taking note of the hardship suffered by the petitioner, a freedom-fighter, the State Government has sanctioned pension under the State Scheme. However, the application preferred by the appellant for granting pension under the Central Government Scheme was turned down by the State Government, stating that there was no valid material to make the recommendation in tune with the norms prescribed under the Swatantrata Sainik Samman Pension Scheme, which, in turn, was under challenge in the writ petition.

(3.) THE learned Government Pleader appearing for the State submits that the only reason for not recommending the claim was in view of the specific terms of the Central Government Scheme which made the claims to be probed in a particular manner and no positive material was available, so as to connect the appellant to the Punnapra-Vayalar Struggle, based on Ext. P1 confinement.