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High CourtsSingle Bench(2022) 01 KL CK 0030

Nanu Gopi (EX.INA) vs Union Of India

High Court Of Kerala · Decided on 6 January 2022

HON’BLE JUDGES
Sathish Ninan, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 8282 Of 2021

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Judgment

19 paragraphs · 323 words

Sathish Ninan, J

1.

The application for Swatantrata Sainik Samman Pension submitted by the petitioner was rejected under Ext.P8 on two grounds.

i) Non-availability of Record Certificate (NRC) which has to be issued by the State Government.

ii) The Personal Knowledge Certificate (PKC) forwarded along with the application is not acceptable.

2.

Heard learned Counsel Sri.M.Balagovindan on behalf of the petitioner, Smt.Mini Gopinath the learned CGSC and Smt.Resmi K.M the learned

Senior Government Pleader.

3.

As is evident from Ext.P5 Government Order, the petitioner was sanctioned the State pension, taking note of the fact that he was a freedom fighter

and that he had undergone imprisonment for the prescribed period as stipulated. Exts.P1 and P4 certificates issued by Captain Lakshmy G and

Captain Francis Decruze certifying that the petitioner was a soldier in the freedom movement, were taken into consideration. Ext.P5 G.O. further took

note of ExtP3 affidavit filed by freedom fighter and co-prisoner Sri. Lekshmanan Sivadasan, who is now no more. The genuineness of Exts.P1 and P4

are not in dispute. Pertinently, Exts.P1 and P4 certificates and Ext.P3 affidavit were taken due consideration of by the State Government while

forwarding the application.

4.

There is no reason why Exts.P1 and P4 certificates shall not be accepted as Personal Knowledge Certificates in terms of the scheme. As regards

the Non-availability of Records Certificate, the Non-availability of Records Certificate in the prescribed format shall be forwarded by the 2nd

respondent to the 3rd respondent in the light of the contents of Ext.P5 Government Order.

Considering the fact that the petitioner is presently aged 100 years, it is ordered that, the application, accompanied by necessary certificates as above

shall be forwarded by the 2nd respondent to the 3rd respondent within a period of three weeks from today and the 3rd respondent shall pass

appropriate orders regarding grant of pension, within a further period of three weeks therefrom.

The Writ Petition is disposed of as above.