Sindhu v. District Collector, Kudappanakkunnu Civil Station, Thiruvananthapuram and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS** **TUESDAY ,THE 21ST DAY OF AUGUST 2018 / 30TH SRAVANA, 1940** ## **WP(C).No. 28183 of 2018** ## **PETITIONER/S:** **SINDHU AGED 50 YEARS D/O.LATE AKKAMMA, TC, 76/339, SINDHU VIHAR, ANAYARA POST, THIRUVANANTHAPURAM.** **BY ADV. SRI. T.N. MANOJ** ## **RESPONDENT/S:** - **1 THE DISTRICT COLLECTOR KUDAPPANAKUNNU CIVIL STATION, THIRUVANANTHAPURAM - 695 029.** - **2 THE VILLAGE OFFICER, KADAKAMPILLY VILLAGE OFFICE, AANAYARA.P.O., THIRUVANANTHAPURAM DISTRICT - 695029.** - **3 THE TAHSILDAR TALUK OFFICE, THIRUVANANTHAPURAM 695029.** - **4 THE SECRETARY, DEPARTMENT OF GENERAL ADMINISTRATION, STATE OF KERALA, THIRUVANANTHAPURAM -695001** **SRI.SAIGI JACOB PALATTY, SR.GP** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.08.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## **ALEXANDER THOMAS, J. ------------------------------------------W.P.(C)No.28183 of 2018 --------------------------------------------Dated this the 21[st] day of August, 2018** ## **JUDGMENT** According to the petitioner, she is an unmarried daughter of late Sri.C.M.Narendran and Akkama Narendran. The petitioner’s father Sri.Narendran was a freedom fighter participated in the freedom movement of this country and was duly awarded freedom fighters pension under the State Scheme. The petitioner's father had died on 08.06.1986 and thereafter freedom fighter’s dependent pension was given in favour of his widow, Akkama (petitioner’s mother) with effect from 09.06.1986. Later the petitioner's mother, Akkama had died on 15.11.2017. According to the petitioner, as she is the only unmarried daughter of the deceased freedom fighter and as she is not having any source of income and as she was fully dependent on her parents, she found it extremely difficult to make both ends meet. The petitioner has been advised that she is eligible and entitled for the grant of freedom fighters dependent pension under the State Scheme which is given for unmarried daughters of a deceased freedom W.P.(C)No.28183 of 2018 **==> picture [17 x 8] intentionally omitted <==** fighter. After the death of the petitioner’s mother, she had approached the office of the 1[st] respondent District Collector and filed a petition claiming continuous disbursal of the pension under the State Scheme in her favour that had been drawn by her mother after the death of her father. The petitioner was then directed to produce several documents, like _“(i) Documents evidencing sanctioning freedom fighters pension in favour of her mother._ _(ii) Copy of the pension book._ _(iii) A certificate evidencing the fact that the petitioner is a spinster._ _(iv) Certificate of income._ _(v) Dependency or independent certificate issued by the concerned Tahsildar._ _(vi) Certificate of eligibility to receive the pension._ _(vii) Letter of consent/permission from the brothers or sisters._ _(viii) Certificate from the village officer and from the secretary of the local self government institution certifying that the petitioner is not receiving any other welfare pensions._ _(ix) Certificate of death, both of her father and her Mother.”_ W.P.(C)No.28183 of 2018 ..4.. 2. According to the petitioner, she had produced all the above said documents. Rule 10 of the Kerala Freedom Fighters Pension Rules, 1971 stipulates that the widow/minor sons/Unmarried daughters who have not otherwise become independent of a Freedom Fighter who has been sanctioned a pension under rule 6 shall be eligible to the continuance of the pension. According to the petitioner, the said Rule is very clear and specific in as much as that after the death of the freedom fighter, the widow is dependent on him is entitled for the grant of the dependent pension/continuous pension and after the death of the widow, unmarried daughters of the deceased freedom fighter who are dependent on the freedom fighter and his widow, are also eligible for the grant of the continuous/dependent pension. The petitioner had also made available a letter of consent issued by her sister relinquishing her rights over the freedom fighters pension and the petitioner thus contend that she is the only person entitled to receive family pension after the death of her mother. The petitioner would aver that her parents had four children, two W.P.(C)No.28183 of 2018 **==> picture [17 x 8] intentionally omitted <==** daughters and two sons out of which one son had died some time ago and the other son (Shaji) is working abroad and he is financially independent. Her sister Hansa is married and is dependent on her husband and she has also given a consent relinquishing all her claims if any in favour of the petitioner as far as the grant of continuous pension. The grievance of the petitioner is that the respondents are insisting that the petitioner should make available a No Objection/consent letter from her brother Shaji who is now working abroad. The petitioner would complaint that as he is working abroad it is difficult to co-ordinate the matter with him so as to secure his letter of consent and that apart in law he is not eligible and entitled for the grant of dependent pension and that therefore, the insistence of producing a letter of consent from the petitioner’s brother is irrelevant and unnecessary. The petitioner would further point out that as per Rule 10 of the Kerala Freedom Fighters Pension Rules, 1971 minor sons could stake a claim for freedom fighters pension and not sons who are independent. That though these aspects have been brought to the W.P.(C)No.28183 of 2018 ..6.. notice of the 1[st] respondent and its officials, they are still not prepared to process the application of the petitioner. It is in the light of these factual averments that the petitioner has filed this writ petition with the following prayers:- “ _A. Appropriate writ order a direction commanding the first respondent to process the application filed by the petitioner to obtain the Freedom fighters pension in favor the petitioner which is now pending as_ _**File no R11-108429/17** before the first respondent._ _B. Appropriate writ order a direction commanding the first respondent to consider and take into account_ _**Rule 6 of the Kerala Freedom fighters Pension rules 1971** while considering the application for granting freedom fighters pension._ _C. Appropriate writ order declaring that unmarried daughters alone, who are not otherwise independent of the freedom fighters pension entitled to receive freedom fighters pension, and production of no objection from the brother Shaji is not necessary to sanction Freedom fighters Pension in favor of the petitioner._ _D. Appropriate writ order a direction commanding Respondents 1&2 to produce the_ _**eligibility/ certificate of dependency** before the 1[st] respondent to enable the 1st respondent to process the application filed by the Petitioner for granting freedom fighters pension._ _E. Such other Order or direction that this honorable court deem fit to Grant in the course of the proceedings.”_ W.P.(C)No.28183 of 2018 ..7.. 3. Heard Sri.T.N.Manoj, learned counsel appearing for the petitioner and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondents. 4. The petitioner has stated that the file number in respect of his application for grant of continuous pension which is now pending before the office of the 1[st] respondent District Collector is No.R11-108429/17 and Ext.P1 is the sanction order issued in favour of the petitioner’s mother. Ext.P2 is the receipt issued by the office of the 1[st] respondent evidencing receipt of the application of the petitioner. According to the petitioner, she has submitted all the additional documents in pursuance of the request made in Ext.P3, as evidenced by Ext.P13 receipt. Ext.P4 is the certificate issued by the Village Officer concerned certifying that the petitioner is an unmarried person. Ext.P5 is the certificate issued by the Village Officer regarding the income of the petitioner as Rs.24,000/- per annum. Ext.P6 is the certificate issued by the Village Officer concerned regarding the dependency of the petitioner on the freedom fighter and his widow. Ext.P7 is the W.P.(C)No.28183 of 2018 ..8.. further certificate issued by the Village Officer stating that out of the children of the deceased freedom fighter, petitioner is the sole eligible person for consideration for the grant of the dependent/continuous pension. According to the petitioner, she has also submitted Ext.P8 showing that she is not in receipt of any other welfare pension. Ext.P9 is stated to be the No Objection/consent letter submitted by the petitioner’s sister to the Village Officer. Exts.P10 and P11 are the death certificates of petitioner’s father and mother respectively. Ext.P12 is the certificate issued by the Taluk Office concerned. 5. Ext.P15 is the judgment dated 26.4.2016 of the Apex Court in Civil Appeal No.4454 of 2016 (arising out of S.L.P. (C)No.10128 of 2015), **Philomina.K.A. v. District Collector, Alappuzha and another** reported in **[AIR 2016 SC 2225]** wherein it has been held that unmarried daughters are eligible for grant of freedom fighters continuous pension under the Kerala Freedom Fighters Rules and they become ineligible only if they are independent and that this independence of the unmarried W.P.(C)No.28183 of 2018 ..9.. daughter is to be evaluated in relation to the freedom fighter who was getting the pension. 6. Rules 10 and 11 of the Kerala Freedom Fighters' Pension Rules, 1971, provide as follows: ## _“_ _**Rule 10**_ _The widow/minor sons/unmarried daughters who have not otherwise become independent of a Freedom Fighter who has been sanctioned a pension under rule 6 shall be eligible to the continuance of the pension._ ## _**Rule 11**_ _The pension shall be payable till death if the grantee is the Freedom Fighter. If the grantee is the wife of a Freedom Fighter, the pension shall be payable till her death or remarriage. If the grantee is a minor, in the case of son the pension shall cease on his attaining the age of 18 and in the case of daughters, until they are married or otherwise become independent.”_ ## 7. Later amendment was made in the Rule by introducing Rule 11A as per G.O(P).No. 92/2012/GAD dated 2.5.2012, which reads as follows: _“Rule 11 A: Government shall have the power to sanction Kerala Freedom Fighters' Continuous Pension based on merit in most deserving cases to dependent widowed daughters/divorced daughters till their remarriage/death and to the physically/mentally disabled dependent sons/daughters who suffer severe physical or mental disability which is certified by a duly constituted Medical Board, subject to the stipulations in Rule 10 and 11.”_ W.P.(C)No.28183 of 2018 ..10.. 8. Therefore, only dependent widows, minor sons, unmarried daughters/ widowed daughters/divorced daughters till their remarriage/death and physically/mentally disabled dependent sons/ daughters who suffer severe physical or mental disability, etc. alone are the categories of persons, who have been recognized as eligible to dependent pension under the State rules. It is not legally right and proper for the respondents to insist that the petitioner, who is an unmarried daughter of the freedom fighter concerned, should necessarily produce a consent letter/no objection from her brother so long as he is a major and he is not a physically/mentally disabled dependent son as envisaged in Rule 11A. Hence so long as the brother of the petitioner is major and he does not suffer from any physical/mental disablement as aforestated, it is not legally right for the respondents to insist that the petitioner should produce a letter of consent/no objection from her brother. It is certified in Ext.P14 ration card that the petitioner’s brother Shaji is now aged 58 years and that he is a non-resident Keralite (NRK) _('pravasi')_ . Hence it is ordered that W.P.(C)No.28183 of 2018 ..11.. the respondents will process the application of the petitioner without insisting for production of consent letter/No Objection from her brother. However it is made clear that the respondents will be at liberty to conduct appropriate enquiries to ascertain the eligibility and entitlement of the petitioner in terms of the provisions contained in the Kerala Freedom Fighters Rules, for grant of the dependent/continuous pension. Action in this regard should be taken by the respondents so as to ensure that the final orders are passed on the petitioner’s application without much delay preferably within a period of three months from the date of production of a certified copy of this judgment. With these observations and directions this writ petition (civil) will stand finally disposed of. Sd/- **ALEXANDER THOMAS, JUDGE** skj/sdk W.P.(C)No.28183 of 2018 ..12.. ## **APPENDIX** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE ORDER BY THE 1ST RESPONDENT SANCTIONING FREEDOM FIGHTERS PENSION IN FAVOUR OF THE MOTHER OF THE PETITIONER.** **EXHIBIT P2 TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE 1ST RESPONDENT EVIDENCING THE RECEIPT OF THE APPLICATION FILED BY THE PETITIONER.** - **EXHIBIT P3 TRUE COPY OF THE ORDER BY THE LETTER ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT TO THE PETITIONER.** - **EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY THE KADAKAMPILLY VILLAGE OFFICER CERTIFYING THAT THE PETITIONER IS A SPINSTER.** **EXHIBIT P5 TRUE COPY OF THE CERTIFICATE EVIDENCING THE INCOME OF THE PETITIONER ISSUED BY THE KADAKAMPILLY VILLAGE OFFICER.** - **EXHIBIT P6 TRUE COPY OF THE CERTIFICATE OF INHERITANCE ISSUED BY THE KADAKAMPILLY VILLAGE OFFICER.** - **EXHIBIT P7 TRUE COPY OF THE CERTIFICATE OF ELIGIBILITY ISSUED BY THE KADAKAMPILLY VILLAGE OFFICER.** **EXHIBIT P8 TRUE COPY OF THE CERTIFICATE ISSUED BY THE CORPORATION OF THIRUVANANTHAPURAM.** W.P.(C)No.28183 of 2018 ..13.. **EXHIBIT P9** **TRUE COPY OF THE NO OBJECTION LETTER GIVEN BY THE SISTER OF THE PETITIONER.** **EXHIBIT P10 TRUE COPY OF THE DEATH CERTIFICATE OF THE FATHER OF THE PETITIONER.** **EXHIBIT P11 TRUE COPY OF THE DEATH CERTIFICATE OF THE MOTHER OF THE PETITIONER.** - **EXHIBIT P12 TRUE COPY OF THE LEGAL HEIR SHIP CERTIFICATE ISSUED BY THE KADAKAMPILLY VILLAGE OFFICER.** **EXHIBIT P13 TRUE COPY OF THE RECEIPT ISSUED BY THE OFFICE OF THE 1ST RESPONDENT EVIDENCING THE RECEIPT OF THE ADDITIONAL DOCUMENTS PRODUCED BY THE PETITIONER.** **EXHIBIT P14 TRUE COPY OF PAGES 2 AND 3 OF THE RATION CARD ISSUED IN FAVOUR OF THE MOTHER OF THE PETITIONER.** **EXHIBIT P15** **TRUE COPY OF JUDGMENT OF THE SUPREME COURT IN CIVIL APPEAL NO.4454/2016.**