UNION OF INDIA Vs. LENNYAMMA

JUDGEMENT

(1.) When the Writ Appeals were taken up for consideration, all the writ petitions were clubbed together, as similar question of controversy is involved in the issuance of valid 'Non Availability of Records Certificate' (for short 'NARC') while considering application for pension under Swathanthratha Sainik Samman Pension Scheme (for short SSSP Scheme), 1980, issued by different authorities other than State Government.

(2.) This appeal pertains to Punnapra-Vayalar movement. The applicant/petitioner claims to be a freedom fighter having undergone suffering of imprisonment between 11/10/1122 (M.E.) and 13/02/1123 (May 1947 to December 1947). The document produced by the applicant is an endorsement from the Chief Judicial Magistrate Court (CJM), Alappuzha with regard to the NARC pertaining to PE No. 8/1122. In this case the applicant had produced 'Personal Knowledge Certificate' (for short 'PKC') and also 'Co-Prisoner's Certificate' (for short 'CPC'). According to the appellant, as the claim of the applicant is on both the counts, that he was put to imprisonment and also suffered underground, the very claim for pension as a freedom fighter under the Punnapra-Vayalar freedom struggle cannot be entertained. Alternatively they challenge the endorsement by the CJM, Alappuzha as it cannot be considered as NARC as contemplated under the various Circulars of the Union of India issued from time to time subsequent to 1980.

(3.) Then coming to the CPC, the argument is, the contents of the certificate cannot be looked into for the reason co-prisoner definitely cannot remember details so accurately after lapse of decades, when the said certificates came to be issued. In this case the State Government did not recommend the case of the applicant and the Central Government rejected the claim on the ground of existence of no proper NARC as contemplated under the scheme and so also PKC and CPC are unacceptable. However, when the matter came up before the learned Single Judge, the learned Single Judge held, the Certificate issued by JFMC indicating non-availability of records in respect of PE No. 8/1122 M.E. is a proper NARC and proceeded to hold that reasoning given at Ext. P8 is not a valid reason, therefore, Ext. P8 was quashed with a direction to pay pension to the petitioners under the scheme and also with a direction to pay the arrears with effect from 27/08/1998 within one month from the date of receipt of a copy of the judgment. Aggrieved by the same, the above appeal is filed.