A V KRISHNAN NAIR Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) THE petitioner claims to be a freedom fighter. He claims to have participated in the Morazha Struggle, which is accepted as part of the freedom struggle of India. According to the petitioner, for participating in the Morazha struggle, the petitioner was arrayed as an accused in a criminal case consequent to which the petitioner had underground sufferings. On that basis, the petitioner submitted an application for freedom fighters' pension under the Swatantrata Sainik Samman (S.S.S.) Pension Scheme, 1980 supported by Exts.P2 & P3 Personal Knowledge Certificates of two prominent freedom fighters who were also recipients of Central Freedom Fighters' Pension. The same was rejected by the 3rd respondent by Ext.P9 order. In Ext.P9 order it is stated that the Personal Knowledge Certificates are not acceptable. It is also stated that the State Government has also not recommended the petitioner's claim for pension. According to the petitioner, there is no reason to reject the personal knowledge certificates insofar as the certifiers were admittedly prominent freedom fighters and recipients of pension under the S.S.S. Pension Scheme.

(2.) THE 2nd respondent has filed a counter affidavit taking the stand that the Personal Knowledge Certificates are not acceptable since the same do not refer to the number of the criminal case in which the petitioner was arrayed as an accused consequent to which he was forced to go underground for six months as claimed by him.