P K BALAKRISHNA PILLAI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner is aggrieved by the impugned decisions at Ext.P-8 dated 15.9.2009 issued by the 2nd respondent State Government and the consequential Ext.P-7 proceedings dated 13.10.2009 issued by the 1st respondent Union Government, whereby the claim of the petitioner for freedom fighter's pension under the Central Swathantratha Sainik Samman (SSS) Pension Scheme, 1980 has been rejected. It is stated that the petitioner has been granted freedom fighter's pension under the State scheme by the competent authority of the 2nd respondent from December, 2000, as discernible from Ext.P-1 proceedings. The prayers in this Writ Petition (Civil) filed on 26.2.2013 are as follows:

(2.) Heard Sri.S.Sunil Narayanan, learned counsel appearing for the petitioner, Sri.Jestin Mathew, learned Government Pleader appearing for R-2 & R-3 State authorities and Sri.N.Nagaresh, learned Assistant Solicitor General of India.

(3.) The petitioner claims that he had suffered imprisonment on account of his participation in the freedom movement for the period from 28.1114 (ME) to 9.8.1115 (ME) at Kollam Kusba lock up, from 11.8.1115 (ME) to 10.6.1116 (M.E) at Central jail Thiruvananthapuram and from 20.5.1946 to 17.5.1947 at Kollam Kusba lock up. That the petitioner has been granted freedom fighter's pension under the State scheme by respondents 2 and 3 from December, 2000 and the pension payment order issued in that regard by the office of the Accountant General is Ext.P-1. The petitioner had submitted Ext.P-4 application dated 8.6.2006 before respondents 1 and 2 for grant of freedom fighter's pension under the abovesaid Central scheme. The petitioner mainly places reliance on two co-prisoners certificates issued as per Exts. P-2 and P- Ext.P-2 is a co-prisoner certificate issued by one K.Gopinathan, who was the holder of thamrapathra and was also a recipient of Central freedom fighter's pension on the basis of the order of the Government of India in the Ministry of Home Affairs as per proceedings No.19/1/PPF-VI dated 12.10.1972 and the said certifier Sri.Gopinathan is stated to have undergone imprisonment for more than two years in the freedom struggle in case No.36/1114 (ME) and was lodged in prison from 28.1114 (ME) to 9.8.1115 (M.E). in Kollam Kusba lock up and at Central jail Thiruvananthapuram from 10.8.1115 (M.E). to 10.6.1116 ME as convict No.1482 and had also suffered imprisonment from 20.5.1946 to 17.5.1947 in Kollam Kusba Police Station lock up. These details are discernible from a reading of Ext.P-2, wherein the said certifier has certified that the petitioner herein is a bona fide freedom fighter and was also imprisoned for participation in the freedom movement and was lodged in the same jail, along with the certifier for the period form 25.5.1946 to 5.12.1946 at Kollam Kusba Police Station lock up.