High Court of KeralaSingle Judge2012-01-04Writ petition disposed of.

Kamalakshi Amma v Union of India & Others

Case / Petition Number:WPC.No.17872 of 2010 (H)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: V. Chitambaresh
Judgment Date: 2012-01-04
Court Decision / Holding: The writ petition is disposed of. The court directs the third respondent to forward copies of Exts. P3 and P4 to the first respondent within two weeks for action, and mandates that the first respondent consider the District Collector’s recommendation and the State Government’s report, passing necessary orders within one month from receipt of Exts. P3 and P4 with supporting testimonials.
Final Disposition: Writ petition disposed of.

Parties to the Case

Appellants / Petitioners

Kamalakshi Amma

Respondents

Union of India, represented by the Under Secretary to Government, Ministry of Home Affairs, Freedom Fighter's Division, Lok Nayak Bhavan, New Delhi
The Under Secretary to Government of India, Ministry of Home Affairs, Freedom Fighter's Division, Lok Nayak Bhavan Khan Market, New Delhi
The Principal Secretary to Government of Kerala, General Administration (FFP.B) Department, Thiruvananthapuram

Legal Representation & Advocates

Counsels for Petitioners

• Sri O. D. Sivadas

Counsels for Respondents

• Sri S. Jamal, CGC; Rose Michael; Sri P. Parameswaran Nair, ASG of India

Case Synopsis & Summary

The petition by Kamalakshi Amma seeks direction to sanction and disburse the Swantantrata Sainik Samman Pension for her late husband Govindan Nambiar, who was an undertrial prisoner in the Kavumbhai movement, part of Kerala’s freedom struggle. Ext. P1 shows he was incarcerated as convict No. 6888 from 1-3-1947 to 29-10-1947. Ext. P2 records that Kavumbhai Movement was recognized as a regional freedom struggle for pension purposes. The District Collector, after consultation with a District Advisory Committee, recommended pension in Ext. P3, and Ext. P4 shows that the State Government forwarded the materials to the first respondent for action; central government reportedly favored favorable consideration. The petitioner contends that imprisonment in jail as an undertrial should be reckoned toward eligibility for the Samman Pension, and relies on a Full Bench decision in Union of India v Peter Devassia (2003 1 KLT 467) and on the liberal approach endorsed in Gurdial Singh v Union of India (2001 8 SCC 8). The respondents’ counter contends that Ext. P4 has not been received by the first respondent, and that mere forwarded documents without receipt cannot entitle the petitioner to pension; they urge administrative compliance. The court directs the third respondent to furnish copies of Exts. P3 and P4 to the first respondent within two weeks and directs timely action within a month from receipt, culminating in disposal of the writ petition.

Legal Doctrines & Maxims

Imprisonment of undertrial prisoners should be reckoned for grant of freedom fighters pension (as per Union of India v Peter Devassia)
Liberal approach to grant of Samman Pension (as per Gurdial Singh v Union of India)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner seeks sanction and disbursement of the Swantantrata Sainik Samman Pension for her husband, Govindan Nambiar, based on Exts. P1–P4, which establish his role and the recognition of Kavumbhai Movement as part of the freedom struggle. It is argued that imprisonment during the undertrial period should be counted for pension eligibility, supported by Union of India v. Peter Devassia (2003 1 KLT 467) and the liberal approach in Gurdial Singh v. Union of India (2001 8 SCC 8). The petitioner asserts administrative inaction and seeks a direction to the authorities to finalize and pay arrears promptly.

Contentions of Respondents

The respondents counters that Ext. P4 (content of Ext. P3) has not been received by the first respondent, and that without the official documents they cannot grant pension. They emphasize procedural compliance and administrative steps, while acknowledging the central recommendation. They request that the court refrain from directing payment without proper documentary receipt and processing.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Union of India v. Peter Devassia	2003 1 KLT 467	Positive	Court relies on this decision to support counting imprisonment in undertrial periods toward pension eligibility.
Gurdial Singh v. Union of India and Others	2001 8 Supreme Court Cases 8	Positive	Court cites this for endorsing a liberal approach toward granting the Samman Pension.

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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 V.CHITAMBARESH** ## **WEDNESDAY, THE 4TH DAY OF JANUARY 2012/14TH POUSHA 1933** ## **WPC.No. 17872 of 2010 (H)** ## **====================** **PETITIONER ========** ## **1 SMT.K.C.KAMALAKSHI AMMA,** **W/O.LATE PULIKKOOL VELLUVA VEETTIL GOVINDAN NAMBIAR, KANHILIERI, SREEKANDAPURAM CHERIKODE KANNUR.** ## **BY ADV.SRI.O.D.SIVADAS** ## **RESPONDENTS** **=========** **1 UNION OF INDIA, REPRESENTED BY THE UNDER SECRETARY TO GOVERNMEN,T MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTER'S DIVISION, LOK NAYAK BHAVAN, NEW DELHI.** **2 THE UNDER SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTER'S DIVISION, LOK NAYAK BHAVAN KHAN MARKET, NEW DELHI.** **3 THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, GENERAL ADMINISTRATION (FFP.B) DEPARTMENT, THIRUVANANTHAPURAM.** **BY ADV. SRI.S.JAMAL, CGC GOVERNMENT PLEADER , SMT . ROSE MICHAEL SRI.P.PARAMESWARAN NAIR,ASG OF INDIA** ## **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-01-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING** ## **WPC.No. 17872 of 2010 (H)** ## **APPENDIX** ## **PETITIONER'S EXHIBITS** **P1 TRUE EXTRACT OF THE UNDER TRIAL REGISTER MAINTAINED BY THE SUPERINTENDENT, CENTRAL JAIL, KANNUR. P2 COPY OF THE PROCEEDING NO.6/1/97-FF(P) DATED 20-01-1998 ISSUED BY THE GOVERNMENT OF INDIA P3 COPY OF THE PROCEEDING DATED 24-05-1999 OF THE DISTRICT COLLECTOR P4 COPY OF THE PROCEEDING OF THE 3RD RESPONDENT DATED 3-09-1999 RESPONDENTS EXHIBITS NIL** ## **TRUE COPY** **P.A. TO JUDGE** ## **MM** **04-01-2012 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **V.CHITAMBARESH,J.** = = = = = = = = = = **W.P.(C) NO.17872 OF 2010** = = = = = == = = = = = Dated this the 4[th] day of January, 2012 ## J U D G M E N T The prayer in the writ petition is for the direction to first and second respondents to sanction and disburse the Swantantrata Sainik Samman Pension to the petitioner with arrears without delay. The husband of the petitioner by name Valluva Veetil Govindan Nambiar was an undertrial prisoner in connection with Kavumbhai movement which was part of the freedom struggle. Ext.P1 is the extract from the convict register maintained at the Central Jail, Kannur which reflects that the husband of the petitioner was in jail as convict No.6888 from 1-3-1947 to 29-10-1947. Ext.P2 is the proceedings of the first respondent recognising Kavumbhai Movement as a regional movement in Kerala during the freedom struggle for the purpose of grant of Samman pension . ## **W.P.(C) NO.17872 OF 2010 2** 2. The petitioner contends that she had submitted the application for grant of pension along with the supporting testimonials to the State Government as well as the Central Government. The District Collector, Kannur on the basis of the report of the District Advisory Committee has recommended the grant of Samman Pension to the petitioner who is a widow. It is discernible from Ext.P3 letter of the District Collector that the District Advisory Committee had found that the husband of the petitioner was a genuine freedom fighter and that the petitioner was eligible for the grant of Samman Pension. Ext.P4 is the letter of the State Government forwarding the report of the District Collector and other documents to the first respondent for necessary follow up action. 3. The first respondent has filed a counter affidavit contending inter alia that it is not still in receipt of Ext.P4 letter, enclosing the contents of Ext.P3 recommendatory report of the District Collector. Ext.P4 letter of the State ## **W.P.(C) NO.17872 OF 2010 3** Government also reflects that the case of the petitioner has been recommended for favourable consideration by the Central Government for the grant of Samman Pension .The stand of the first respondent that it is not still in receipt of the letter enclosing the necessary documents is prima facie unacceptable. 4. The petitioner relies on the decision of full bench of this Honourable Court in **Union of India vs. Peter Devassia (2003 1 KLT 467)** to contend that the imprisonment in jail as undertrial prisoner should be reckoned for grant of freedom fighters pension. Reliance is also placed on the decision of **Gurdial Singh vs. Union of India and Others (2001 8 Supreme Court Cases 8)** to contend that the liberal approach should be adopted for the grant of Samman Pension to mitigate the sufferings of the kin of freedom fighters. 5. I direct the third respondent to forward a copy of Exts.P3 and P4 with the supporting testimonials to the first ## **W.P.(C) NO.17872 OF 2010 4** respondent within a period of two weeks from the date of receipt of a copy of this judgment. The first respondent shall consider the recommendations of the District Collector and the State Government and pass necessary orders as regards the claim for Samman Pension. The same shall be done by the first respondent within a period of one month from the date of receipt of copy of Exts.P3 and P4 with the supporting testimonials. The writ petition is disposed of. V.CHITAMBARESH JUDGE smm