P V YESODA AMMA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, the widow of a freedom fighter, who claims to have participated in the Malabar Special Police (MSP) Mutiny in solidarity with the National Freedom Movement, is aggrieved by the impugned Ext.P9 proceedings dated 01.12.2014 issued by the 1 st respondent-Union Government whereby the claim of the petitioner for freedom fighters dependent family pension under the Central Swatantrata Sainik Samman (SSS) Pension Scheme, 1980 has been rejected by that respondent in spite of the positive recommendation issued in her favour by the 2nd respondent-State Government as per Ext.P6 Government Letter dated 14.2.2007. The petitioner is now aged 89 years. The prayers in this writ petition (civil) filed on 27.7.2015 are as follows:-

(2.) Heard Sri.N.James Koshy, learned counsel appearing for the petitioner, Smt.K.L.Sreekala, learned Central Government Counsel appearing for respondent No.1-Union of India and Sri.Jestin Mathew, learned Government Pleader appearing for respondent Nos.2 to 5.

(3.) The petitioner's husband, Sri.T.Krishnan Nambiar was employed as a Police Constable in the services of the 3rd respondent-Malabar Special Police (MSP) as EAF PC No.1361. Further it is stated that he had participated in the MSP Mutiny in the Malabar Special Police in the year 1946 which was organized as an expression of solidarity of the participants in the said Mutiny with the National Freedom Struggle Movement and consequent to that about 645 personnel of the Malabar Special Police were dismissed or discharged or disbanded from service as per proceedings in D.O.No.449/46 dated 18.5.1946 issued by the competent authority of the 3rd respondent-Malabar Special Police. It is further stated that thereafter he was never employed in the service of the 1st respondent-Union Government or the 2nd respondent-State Government or that of any Local Authority, or any other employer. On account of his participation in the MSP Mutiny, the petitioner's husband was granted freedom fighters pension under the State Pension Scheme (Kerala Freedom Fighters Pension Scheme). As per Ext.P1 G.O.(Ms)No.192/74/PD dated 21.8.1974, the 2nd respondent-State Government had ordered that the mutineers who had participated in the MSP Mutiny in 1946 and who lost their jobs on account of such participation are eligible for the grant of freedom fighters pension under the State Scheme. Pursuant thereto the petitioner's husband was granted the benefit of the freedom fighters pension under the State Scheme as can be seen from Ext.P8 pension payment order issued by the office of the Accountant General (A & E), Kerala. Ext.P2 is the copy of the Central (SSS) Pension Scheme, 1980, notified on 15.8.1981, in supersession of the earlier Central Scheme. Clause 3(f) of the explanation appended to Ext.P2 scheme provides that a person who lost his job (Central or State Government) and thus means of livelihood for participation in National Movement, is also eligible for the grant of pension under the Central Scheme. It appears that there was lack of clarity as to whether the participation in the MSP Mutiny would amount to participation in the National freedom movement. Thereafter the competent authority of the 1st respondent-Union Government in the Ministry of Home Affairs had issued Ext.P3 proceedings dated 20.1.1998 wherein it has been ordered that the participants for the six enumerated movements mentioned therein would also be eligible for the grant of pension under the Central Scheme. Clause (f) out of the above said movements is the Malabar Special Police Strike (MSP Strike). It has been ordered in para.2 of Ext.P3 that the 1st respondent has recognized the above said six movements which had taken place in the State of Kerala during the freedom struggle for the purpose of grant of Pension under the Central Scheme, i.e. from the date of issue of that order, viz., 20.1.1998. Thereafter the petitioner as the widow of the freedom fighter had submitted application for grant of pension under the Central Scheme in the year 2006. Ext.P4 is the certificate dated 16.6.2005 issued by the 3rd respondent-Commandant of the Malabar Special Police wherein it has been clearly certified that the petitioner's husband Sri.Krishnan Nambiar, who was EAF PC 1361 of MSP was discharged from the MSP with effect from 16.4.1946 as per D.O.No.449/46 dated 18.5.1946, the main heading which was noted as "Dismissal" and sub heading "Disbanded". The 4th respondent-District Collector, Kannur had sent Ext.P5 report dated 22.11.2006, stating that his enquiries have clearly revealed that the petitioner's deceased husband Sri.Krishnan Nambiar was dismissed from the MSP service in the year 1946 on account of his participation in the MSP Mutiny and that thereafter he has not been employed either in the services of the Central, State, or Local Authorities or District Boards or any other employer, etc. and further that the claimant and his widow are getting freedom fighters pension under the State Scheme. The competent authority of the 2nd respondent/State Government had issued Ext.P6 letter of recommendation dated 14.2.2007 whereby the case of the petitioner for grant of pension under the Central Scheme was positively recommended by the 2nd respondent/State Government to the 1st respondent/Union Government. It will be profitable to refer to the contents of Ext.P6 letter dated 14.2.2007 issued by the nd respondent/State Government addressed to the 1st respondent which reads as follows:-