STATE OF KERALA Vs. V.PRABHAKARAN NAIR

JUDGEMENT

(1.) This appeal is filed by the respondents in W.P.C No.32334/2009. The respondent herein is the petitioner in the writ petition.

(2.) The writ petition came to be filed seeking pension under the Kerala Freedom Fighters Pension Scheme. Petitioner alleges that he was a freedom fighter and had to remain in exile for months together to evade arrest for having participated in the Quit India Movement. He applied for pension under the Kerala Freedom Fighters Pension Rules (hereinafter referred to as 'the Rules') along with certificates from prominent freedom fighters in order to prove that he had also participated in freedom struggle as official records were not available. The District Collector rejected his application vide Ext.P5 dated 21/01/2001. It is submitted that though he submitted another application, it was also rejected as per Ext.P6.

(3.) Subsequently on the basis of Ext.P6, petitioner obtained certificates in the prescribed formats and submitted the same before the 1st respondent. Exts.P7 and P8 are the certificates. The claim of the petitioner was rejected by Ext.P10 for the reason that original records pertaining to the certifiers were not produced. Subsequent applications were also rejected on the same way. The petitioner therefore filed W.P.C.No.29651 of 2006 before this Court and by Ext.P15 judgment the Government was directed to consider the matter afresh which resulted in Ext.P16 order. Petitioner challenges Ext.P16 inter alia contending that as per the Rules there is no reason to reject the application especially when appropriate documents were produced which were not properly considered by the Government.