RETNAMMA NARAYANAN Vs. UNION OF INDIA

JUDGEMENT

(1.) It is the case of the petitioner that her husband was a freedom fighter who took part in the main stream freedom struggle which was taken place in the State of Travancore, at the behest of the Travancore State Congress and that he was constrained to remain underground for more than the requisite six months period, on account of a warrant of arrest issued against him due to his participation in the said freedom struggle, in Case No.53/1122ME (Malayalam Era) on the file of the District Magistrate Court, Kollam. That the petitioner's husband was granted freedom fighters pension under the State Scheme by the 2 nd respondent/State as per Ext.P1 order dated 10.4.1973 made effective from 01.04.1971. The petitioner's husband had filed application dated 05.05.1981 for grant of freedom fighters pension under the Central Swathanthra Sainik Samman (SSS) Pension Scheme, 1980. The said application was submitted him through the 2nd respondent-State Government, for its recommendation and further action by the 1st respondent-Union Government. The said application filed by the petitioner's husband was rejected by the competent authority of the 1st respondentUnion Government which was duly communicated to the petitioner as per Ext.P4 Government Letter dated 23.6.1990 of the 2 nd respondent-State Government. No specific reason is stated in Ext.P4 order other than blandly stating that petitioner's husband was not eligible in terms of the Central Scheme. Thereafter the petitioner's husband had submitted Ext.P5 representation dated 4.3.2010 before the 2nd respondent-State Government for reconsidering the matter and giving the details of his involvement in the freedom Movement and the period which he remained underground from January, 1947 to August, 1947. Along with Ext.P5 the petitioner had also made available copies of the NARCs. Ext.P6 is the copy of the NARC issued by the Chief Judicial Magistrate's Court, Kollam, dated 8.2.2010 and Ext.P7 is the NARC issued by the District Collector, Kollam, dated 5.2.2010. Since no effective action was forthcoming from the respondents, the petitioner's husband was constrained to file W.P.(C)No.12234 of 2010 before this Court seeking appropriate directions for the respondents in the matter of his above said claim. During the pendency of that W.P.(C), the 2nd respondent-State Government had issued Ext.P8 Government Letter dated 09.07.2010 addressed to the 1st respondent-Union Government, whereby the case of the petitioner's husband for grant of freedom fighters pension under the Central Scheme was recommended to be granted by the 1st respondent-Union Government.

(2.) In para.4 of Ext.P8 it is specifically stated by the 2nd respondent-State Government that the District Collector, Alappuzha as per the subsequent letter dated 24.6.2010 has clearly reported that a detailed enquiry subsequently conducted by him revealed that the petitioner's husband was a genuine freedom fighter and that he had actively participated in the struggle of Naval labourers, labourers struggle at Kayamkulam, other struggle at Travancore areas as part of the main stream movement in the freedom struggle that had occurred in the Travancore State and that he has been granted Freedom Fighters Pension under the State Scheme. That during the period of the freedom struggle he had remained underground at Thrikunnapuzha and had undergone brutal torture at lock ups and that he had during the period from 1943 to 1947 he had worked as agent and distributor of Harijan news paper, which was published under the leadership of Mahatma Gandhi. He had worked as Taluk working committee member of the Travancore State Congress in Karthikapalli Taluk and that in 1972 he was awarded Thamrapatra award by the Hon'ble Prime Minister of the Country, on the basis of the recommendations made by the State Government to the Union Government, etc.

(3.) A batch of writ petitions and writ appeals mainly relating to the issue of the grant of NARC by the competent authorities of the State Government was considered by a Division Bench of this Court in which the Division Bench had rendered common judgment dated 12.2012 in W.A.No.382 of 2010 and connected cases wherein the Division Bench directed the competent authority of the State Government to conduct appropriate enquiries and decide as to whether NARC is to be issued to the respective claimants and whether the respective letters of verification and entitlement report is to be issued recommending the case of the respective claimants to the Central Government. The effective directions in the operative portion of the said judgment dated 12.2012 of the Division Bench in W.A.No.382 of 2010 and connected cases, are to the following effect:-