STATE OF KERALA Vs. S.RAGHAVAN

JUDGEMENT

(1.) Respondents 1 and 2 in the writ petition are the appellants. The appeal is filed against the judgment of the learned Single Judge directing the respondents to sanction freedom fighters pension to the petitioners with arrears from 19/11/2004 after declaring that the petitioners are entitled for the same.

(2.) The judgment came to be passed in a writ petition filed by the 1st respondent herein challenging the rejection of Kerala Freedom Fighters Pension by virtue of Ext.P7 order. It was stated in Ext.P7 that though the petitioners had submitted a formal application on 16/2/1998 stating that he participated in the freedom movement from 1938 to 1947 and suffered detention in Kollam Kasaba lock up in connection with CC No.36/114, the co -prisoner's certificates and the non -availability records certificate in respect of C.C.No.36/114 were not accepted since the certifiers did not have the minimum imprisonment for one year as per Rules and in respect of one Gee Varghese Unnunni, the exact date of imprisonment has not been mentioned. In respect of another certifier Sri.P.K.Bhaskaran there is doubt regarding the genuineness of the document. Further the non -availability of records certificate only indicates that there are no records with respect to CC No.36/114 and it does not indicate that the case related to freedom movement.

(3.) It is further stated that as per the existing rules, a person who had suffered imprisonment for more than six months in connection with the freedom struggle approved by Government of Kerala has to be granted pension, if found eligible provided the same is proved by acceptable documentary evidence and since the documents produced were not enough to prove the claim, in the absence of any convincing documents the claim cannot be allowed. Still further, it was indicated that the Government had issued circular No.57183/FFPB1/93/GAD dated 31/12/1993 wherein it was made clear that all the applications received after 31/3/1994 will be considered only on production of documentary evidence from official records such as copy of the arrest warrant, Court/Jail records etc. In the absence of any such document being produced the same came to be rejected.