High Court of KeralaSingle Judge2007-08-08Disposed of

Janaki Das v. Union of India and State of Kerala

Case / Petition Number:WP(C).No. 14710 of 2006-A

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: T. R. Ramachandran Nair
Judgment Date: 2007-08-08
Court Decision / Holding: The writ petition is disposed of; the court declares the widow of late Shri T.V. Das entitled to grant of pension. Arrears are to be paid from the date of receipt of the application (27.3.1998) until the date of death (17.5.2007), and such arrears must be disbursed within three months from the date of receipt of a copy of this judgment.
Final Disposition: Disposed of

Parties to the Case

Appellants / Petitioners

Janaki Das

Respondents

Union of India
State of Kerala

Legal Representation & Advocates

Counsels for Petitioners

• K.K. Satheesh

Counsels for Respondents

• K.P. Mujeeb

Case Synopsis & Summary

This writ petition, WP(C) No. 14710 of 2006, filed by Smt. Janaki Das, widow of late T.V. Das, seeks pension under the Swathantrata Sainik Samman Pension Scheme for freedom fighters. The core issue is the eligibility of the late T.V. Das for pension in the face of an apparent mismatch between the name on primary records (T.V. Das) and the alias Varghese Abraham. The record shows that T.V. Das underwent under-trial imprisonment in Central Prison, Trivandrum for more than eight months from 27.4.1123 to 25.1.1124 in connection with case No. P.E.9/1122 and was acquitted on 25.1.1124. Ext. P1 is a true extract from the register of under-trial prisoners; Ext. P2 shows the pension granted in the name of T.V. Das under the Kerala Freedom Fighters’ Pension Scheme; Ext. P3 (Thamrapathra) is issued in the same name; Ext. P5 is an identification certificate issued by the Tahsildar certifying that T.V. Das and Varghese Abraham are one and the same person. Ext. P7 contains the Government’s recommendation for pension along with the under-trial period, while Ext. P8 relates to a prior petition directing consideration within three months. Ext. P9 records the reasons for rejection, including non-availability of certain records and lack of a co-prisoner certificate. The court accepts the documents (P2, P3, P5) establishing identity and holds the rejection unsustainable, declaring the widow (and later her son as supplementary petitioner) entitled to pension. It also directs arrears from the receipt of Ext. P4 (dated 24.3.1998; acknowledged 27.3.1998). The arrears are to be disbursed within three months of this judgment, following a Division Bench decision, Union of India v. Radhamony.

Provisions of Law Cited

Swathantrata Sainik Samman Pension SchemeKerala Freedom Fighters' Pension Scheme

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that the identity of Shri T.V. Das and Shri Varghese Abraham is established by contemporaneous records. Exts. P2 (SSS pension in the name of T.V. Das) and P3 (Thamrapathra) along with Ext. P5 (identification certificate) show that both names refer to the same person. Ext. P7 contains the State Government’s recommendation for pension and notes the period of under-trial imprisonment. The earlier WP No. 18338/2004 directed the respondent to consider the application within three months (Ext. P8). The petitioner argues that the reasons in Ext. P9 for rejection (non-availability of records certificate and lack of co-prisoner certificate) are unfounded since primary evidence already establishes identity; since Exts. P2, P3 and P5 confirm identity, there was no necessity for a co-prisoner certificate. The court is urged to grant pension to the petitioner or to her son as supplementary petitioner in line with prior orders and to sanction arrears from 27.3.1998, supported by Ext. P4 (application dated 24.3.1998).

Contentions of Respondents

The respondents contend that the true extract of the under-trial prisoners’ register does not bear the name Shri T.V. Das and that the required records (non-availability of records certificate) and a valid co-prisoner certificate were not produced, justifying denial of the pension. They argue that Ext. P9’s reasons are valid because identity is not conclusively established by the evidence adduced and that reliance on Ext. P7 cannot override the absence of a proper record corroboration. They maintain that the prior directive in Ext. P8 did not mandate grant but directed consideration after verification.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Union of India v. Radhamony	2005 (4) KLT 27	Positive	The court adopts the reasoning that the relevant date for calculating pension arrears is the date on which the application is received by the authority, as held in Union of India v. Radhamony.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT :** **THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR** **WEDNESDAY, THE 8TH AUGUST 2007 / 17TH SRAVANA 1929** **WP(C).No. 14710 of 2006(A)** **---------------------------------** **PETITIONER:** ## **---------------** **JANAKI DAS, W/O. LATE T.V. DAS @ VARGHESE ABRAHAM, ASSARIPARAMBIL, MUNICIPAL OFFICE WARD, ALAPPUZHA.** **BY ADV. SRI.K.K.SATHEESH** **RESPONDENTS:** - **------------------** ## **1. UNION OF INDIA,** **REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTERS' DIVISION, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI-110 003.** **2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL ADMINISTRATION (FFP.A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.** **BY ADV. SRI.K.P.MUJEEB, ADDL.CGSC** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **W.P.(C) NO.14710/2006** ## **APPENDIX** ## **PETITIONER'S EXHIBITS** **EXT.P1:- COPY OF THE EXTRACT OF REGISTER OF UNDERTRIAL PRISONERS OF THE CENTRAL PRISON , TRIVANDRUM ISSUED BY THE SUPDT. ALONGWITH A COVERING LETTER ISSUED BY HIM DT. 5.7.73.** **EXT.P2:- COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR, ALLEPPEY VIDE ORDER NO.R.DIS. 7261/72/F6 DT. 15.3.72.** **EXT.P3:- COPY OF THE LETTER NO.F6-2733/73 DT. 8.8.75 ISSUED BY THE DISTRICT COLLECTOR, ALAPPUZHA INVITING THE PETITIONER TO RECEIVE THE “ THAMRAPATHRA”.** **EXT.P4:- COPY OF THE APPLICATION SUBMITTED BY THE EPTITION FOR THE GRANT OF SSS PENSION TO THE RESPONDENTS DT. 24.3.98.** **EXT.P5:- COPY OF THE CERTIFICATE NO.K.DIS 7034/73 DT. 11.7. 73 ISSUED BY THE TAHSILDAR AMBALAPUZHA.** **EXT.P6:- COPY OF THE AFFIDAVIT DULY ATTESTED BY THE JUDICIAL IST CLASS MAGISTRATE, ALAPPUZHA SUBMITTED BY THE PETITIONER DT. 31.7.01.** **EXT.P7:- COPY OF THE COMMUNICATION NO.68519/FFF A2/2004/GAD DT. 30.8.05 ISSUED BY the 2ND RESPONDENT TO THE 1ST RESPONDENT.** **EXT.P8:- COPY OF THE JUDGMENT DT. 25.11.05 OF THIS HONOURABLE COURT IN WP(C) NO.18338/04.** **EXT.P9:- COPY OF THE COMMUNICATION NO.52/CC/K/47/04-(SZ) DT. 13.4.06 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.** ## **EXT.P10:- COPY OF THE REPRESENTATION DT. 3.5.06 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.** **EXT.P11:- COPY OF THE IDENTIFICATION CERTIFICATE ISSUED BY THE TAHSILDAR , AMBALAPUZHA DT. 28.4.06.** **/TRUE COPY/** ## **P.S. TO JUDGE** **tss** ## **T.R. Ramachandran Nair, J.** **- - - - - - - - - - - - - - - - - - - - - - - -** ## **W.P.(C).NO.14710 of 2006-A** **- - - - -- - - - - - - - - - - - - - - - - - - - -** ## **Dated this the 8th day of August, 2007** ## **JUDGMENT** This writ petition was originally filed by Smt. Janaki Das, widow of late T.V. Das claiming pension under the Swathantrata Sainik Samman Pension Scheme. Pending the writ petition, she died on 17.5.2007. I.A. No.10561/2007 is filed by her son for impleading himself as a supplementrary petitioner in the writ petition. The said application is allowed and the petitioner in the application will be impleaded as supplementary petitioner in the writ petition. 2. The case pleaded in the writ petition for sanction of pension is that Shri T.V. Das was a freedom fighter who had undergone under trial imprisonment in the Central Prison, Trivandrum for a period of more than 8 months from 27.4.1123 to 25.1.1124 in connection with case No.P.E.9/1122 on the file of the Special Magistrate Court, Alleppey. He was acquitted and discharged by the Additional Sessions Judge, Trivandrum on 25.1.1124. Ext.P1 is the true extract of the register of under-trial prisoners of the Central Prison, Trivandrum. This is issued to Shri T.V. Das whose original name was Varghese Abraham. Shri T.V. Das was W.P.(C)14710/2006 -2- granted pension under the Kerala Freedom Fighters' Pension Scheme as per Ext.P2. A reading of Ext.P2 will show that it was issued in the name of Shri T.V. Das. He was also the holder of 'Thamrapathra' which is evidenced by Ext.P3 communication dated 8.8.1975 of the District Collector, Alappuzha. It shows that the same is addressed to Shri T.V. Das. Ext.P4 is the application submitted by the mother of the supplementary petitioner seeking pension. Along with the application, Ext.P5 certificate of the Tahsildar, Ambalapuzha certifying that Shri T.V. Das and Shri Varghese Abraham are one and the same person, has also been produced. Ext.P7 is the forwarding letter from the Principal Secretary to Government of India recommending the grant of pension under the S.S.S. Pension Scheme. The under-trial period of Shri T.V. Das is also clearly mentioned in the said letter. The widow of late Shri T.V. Das had filed Writ Petition No.18338/2004 which was disposed of by Ext.P8 judgment directing the first respondent to consider and pass orders on the application within a period of three months. It is thereafter that Ext.P9 order has been passed rejecting the claim. 3. The main reasons for rejection are that the true extract of the register of under-trial prisoners is not in the name of Shri T.V. Das and therefore the acceptable primary record has not been produced by the late widow. The other ground is that the non-availability of record certificate W.P.(C)14710/2006 -3- has not been produced and also that no valid co-prisoner's certificate has been produced. 4. It is clear from the above that the fact that Shri T.V.Das and Shri Varghese Abraham is the same person, has been lost sight of by the first respondent. The said fact is evident from Exts.P2 and P3 and also the identification certificate issued by the Tahsildar, Ambalapuzha, Ext.P5. In Ext.P7 recommendation of the State Government also, the period of undertrial imprisonment is mentioned and the name of the late husband of the petitioner has been noted as T.V. Das. Therefore, the reasons stated in Ext.P9 that the State Government has not verified the said fact, does not appear to be correct. It is clear that the State Government while forwarding Ext.P7 has clearly verified this fact and has chosen to recommend the application as there was no dispute regarding the identity also. Learned counsel for the petitioner invited my attention to Ext.P11 identification certificate issued by the Tahsildar, Ambalapuzha certifying that Shri T.V. Das (late), Assariparambil, Municipal Office Ward, Alappuzha and Shri Varghese Abraham Plamparambil, Alappuzha are one and the same person. 5. The first respondent has not filed any counter affidavit in this writ petition. Since the main ground for rejection of the claim is that the State Government has not verified whether Shri Varghese Abraham and Shri T.V. W.P.(C)14710/2006 -4- Das are one and the same person, I find that the same is erroneous in view of the aspects reflected in the various records produced by late widow of Shri T.V. Das. He was granted pension by the State Government and he was also the holder of “Thamrapathra”. Since there was a valid record, i.e., extract of the register of under-trial prisoners, there was no question of producing a non availability of records certificate. Therefore, the second reason stated in Ext.P9 also is unsupportable. The other reason is that a valid co-prisoner's certificate has not been produced. Since the primary evidence is available, it is not necessary to rely upon a co-prisoner's certificate also. 6. For all the above reasons, it is clear that the application was liable to be sanctioned. It is declared that the widow of late Shri T.V. Das was entitled for grant of pension. 7. Now that the petitioner Smt. Janaki Das is no more, the eligibility of the son, the supplementary petitioner is only to get arrears of pension. The same is liable to be granted from the date of receipt of the application (Ext.P4). The application is dated 24.3.1998 and learned counsel for the petitioner produced before me for perusal the acknowledgment card evidencing receipt of the same on 27.3.1998. In the light of the decision of a Division Bench of this court in **Union of India v. Radhamony** (2005 (4) W.P.(C)14710/2006 -5- KLT 27), the relevant date is the date on which the application is received by the authority. Therefore, the arrears with effect from the date of receipt of the application till the date of death of Smt. Janaki Das (17.5.2007) will be disbursed within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. **(T.R. Ramachandran Nair, Judge.)** **kav/**