SADANANDA SWAMY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner 'claims that he is a genuine freedom fighter and has participated in several struggles relating to freedom movement.According to him he was an under trial prisoner from 2.2.1942 till 10.8.1942 in the Kollam Cusba Police Station for having participated in the Quit India Movement.He claims that he remained underground for more than six months from 10.8.1942 till 16.6.1943 having been made accused in C.C.No.61/1118 of the Judicial First Class Magistrate Court,Karunagappally.His complaint is that inspite of several requests neither the Central Government nor the State Government have been prepared to grant him freedom fighters pension under SSS Pension Scheme and KFF Pension Scheme respectively.Ext.P1 is the copy of the application submitted by the petitioner for the Central Government Pension and Ext.P2 is the copy of the similar application submitted by him for the State Government Pension.According to the petitioner,the application submitted by him with the Karunagappally Magistrate Court as well as with the office of the District Superintendent of Police for issuance of records proving his incarceration and underground life turned futile due to the reason that relevant documents are not preserved by the authorities.Exts.P3 and P4 are copies of the documents in that regard.Thereafter the petitioner produced Exts.P5 and P5(a)certificates issued by his coprisoners.The petitioner claims that the District Advisory Committee headed by the District Collector,Kollam did recommend for favourable orders on the petitioner 's application for pension.Noticing that inspite of such recommendation he was not getting pension,he moved the Kerala Freedom Fighters Association and Ext.P6 is copy of the letter addressed by the Freedom Fighters Association to the District Collectorate in that regard.The petitioner received Ext.P7 communication from the District Collector and thereafter Ext.P8 order from the State Government.Under Exts.P7 and P8 the petitioner is informed that the State Government is unable to recommend the petitioner 's case for pension and has given a few reasons.According to the petitioner,the reasons mentioned by the State Government are wrong and persons by name A.Nanu and V.Bhaskaran,two other freedom fighters whose cases were identical to that of the petitioner were able to get pension by this court 's intervention.Ext.P9 is the copy of the application for reconsideration submitted by the petitioner to the District Collector.Ext.P10 produced by the petitioner is a clarification to the effect that internment period will also be reckoned With as period of imprisonment and for that reason Sri.V.K.Karunakaran who is one of the certifiers in the case of the petitioner has undergone imprisonment for more than five years and;certificate issued by him is acceptable.Exts.P11 and P12 produced along with the writ petition are the judgments of this court in Original Petitions filed by other freedom fighters.According to the petitioner Exts.P7 and P8 orders/communications issued by the State Government are illegal,mala fide and violative of Art.14 of the Constitution as well as the principles laid down by the Supreme Court in the decision in Gurdial Singh v.Union of India(2001(8)SCC 8 ).The writ petition is accordingly filed seeking quashment of Exts.P7 and P8;a mandamus directing the State Government to forward petitioner 's application for pension to the Central Government with necessary recommendations and for appropriate directions to the concerned Governments for disbursement of the respective pensions.

(2.) ON behalf of the State Government the second respondent in the writ petition,a counter affidavit has been filed by the Additional Secretary to Government,General Administration Department,Government Secretariat.It is contended therein that documents Exts.P3 and P4 are not acceptable since it is not clear from those documents that the calender case in which the petitioner was accused was a case relating to the freedom movement.The abscondence certificate issued by Sri.V.K.Karunakaran and Sri.R.Karunakaran Pillai as well as the general certificates issued by Sri.Marangattu Padmanabhan and Sri.K.Gopinathan,are also referred to in the counter affidavit.Regarding the abscondence certificate issued by Sri.V.K.Karunakaran,it is contended that the District Advisory Committee meeting held on 4.2.1994 resolved that since there is large number of bogus certificate have been produced by several claimants after the demise of Sri.V.K.Karunakaran,certificates issued by Sri.V.K.Karunakaran:need not be accepted thereafter.As regards the other certificates,it is contended that the certifiers have not undergone minimum periods of imprisonment.It is contended regarding the certificates issued by Sri.Marangattu Padmanabhan and Sri.K.Gopinathan that they have do not conform to the prescribed formats.

(3.) HEARD Sr.Advocate Sri.N.Dharmadan and Adv.Smt.Ranjini on behalf of the petitioned,Sr.Govt.Pleader Sri.P.Jayasankar on behalf of the State Government and the Central Govt.Standing Counsel Sri.Rojo Joseph,Thiruthipara on behalf of the Central Government.