AUGUSTHY MATHAI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner who is a freedom fighter, is aggrieved by the denial of pension under the S.S.S. Pension Scheme. Exts. P11 and P12 are under challenge in this original petition.

(2.) The case of the petitioner is that he had actively participated in the struggle for the Responsible Government during the freedom struggle. An arrest warrant was issued against him by the First Class Magistrate, Thodupuzha in connection with C.C. No. 59/122 on September 1946. It is his case that he remained underground for a period of more than one year from September 1946 to September 1947.

(3.) The petitioner is also a recipient of Kerala Freedom Fighters' Pension as evidenced by Ext. P2 which is dated 25/10/1983. The Government of India has honoured him by conferring "Thamrapathra" (Ext. P10) on 15/08/1988. In spite of all these, he is at the receiving end as far as the request for benefit under the S.S.S. Pension Scheme is concerned. The application submitted by the petitioner has been produced in the writ petition as Ext. P3 which is dated 29/10/1987. In Ext. P3, in column No. 11 the petitioner has clearly stated that he had participated in the struggle for the responsible Government and a warrant of arrest was issued by the First Class Magistrate, Thodupuzha in case C.C. No. 59/122 on September 1946. It is also stated that many of his coworkers were arrested and he went underground as per the directions of leaders and came out after independence of the State in September 1947. He has produced certificates from prominent freedom fighters evidenced as Ext. P4 (issued by Shri Cherian J. Kappan, Ex.M.P.), Ext. P5 (issued by Shri Louis Gregory), Ext. P6 (issued by Shri A. V. Joseph, Ex. MLA.) and Ext. P7 (issued by Shri V. K. Karunakaran). These certificates will show that they have testified the facts relating to the petitioner. The certifiers have also stated the details regarding their imprisonment, etc. in these certificates. Therefore, the above certificates satisfy the stipulations of Ext. P1 scheme. As far as the certificate, issued by Shri V. K. Karunakaran is concerned, the same has been recognised by the Government of Kerala as per Ext. P8 specifying that the certificate issued by him is acceptable. Ext. P9 is the report forwarding the recommendation of the State Government to the Central Government making it clear that the applicant is eligible for the S.S.S. Pension. The proceedings referred to the enquiry conducted through the District Collector, Idukki and the tact that the District Advisory Committee held on 13/11/1992 had recommended the case of the petitioner for S.S.S. Pension.