T.J. SEBASTIAN Vs. DISTRICT COLLECTOR, ALAPPUZHA

JUDGEMENT

(1.) The petitioner claims that he was part of the Police force, which was deputed to Hyderabad for ensuring the termination of the rule of Nizam so as to get that princely State acceded to the Union of India, is aggrieved by the inaction on the part of the respondents in granting him Swatantrata Saink Samman pension Scheme, 1980. The prayers in this Writ Petition (Civil) are as follows:

(2.) Heard Sri.S.Sanal Kumar, learned counsel appearing for petitioner, Sri.Jestin Mathew, learned Government Pleader appearing for R-1 to R-3 and Sri.N.Nagaresh, learned Assistant Solicitor General appearing for R-5 (UOI). In the nature of the order that is proposed to be passed in this petition, notice to to R-4 State of Andhra Pradesh, will stand dispensed with.

(3.) According to the petitioner, he was part of the Police force concerned (Armed Police I Battalion (Now TSP 2 Battalion), which was deputed by the Governmental authorities to erstwhile State of Hyderabad for ensuring the termination of the rule of Nizam for getting the princely State acceded to the Union of India and that therefore, he is entitled to be treated as freedom fighter and thus entitled to the grant of freedom fighter's pension under the said Scheme, 1980. Ext.P-1 is the certificate dated 25.3.2003 issued office of the Commandant TSP 2 Battalion, Avadi, Chennai, wherein it is stated that the petitioner is an ex-Police constable No.1348, who had served in that Battalion (formerly SAP I Battalion, Now TSP II Battalion) from 26.4.1948 FN to 8.6.1948 A.M and and was transferred to S.A.P VIB Vizkhapattanam, on 6.4.1948 FN. Further it is stated that as he had served Madras State he had submitted his application through the State of Tamil Nadu for grant of freedom fighter's pension under the Central scheme and by Ext.P-2 letter dated 7.10.2007, the competent authority of the Government of State of Tamil Nadu had instructed him to approach the Union Government through the Government of the State of Kerala. That thereupon the petitioner had approached the competent authority of the 3rd respondent State Government for the grant of the said benefit. In Ext.P-4 letter dated 21.5.2009 issued by the 3rd respondent State Government, it has been reported that though the 1st respondent District Collector, Alappuzha, has reported that the petitioner had participated in the Police force, which was deputed to the Hyderabad State for getting it acceded to the Union of India, the petitioner is not eligible as per the prescribed criteria in the Central scheme for the grant of the said political freedom fighter's pension. The petitioner had again filed Ext.P-5 representation dated 27.5.2009 addressed to the 3rd respondent State Government for reconsidering their stand in order to enable the petitioner to avail the abovesaid benefit under the Central scheme. It is in the light of these factual aspects, the petitioner has filed the instant Writ Petition (Civil) on 3.9.2010 with the aforementioned prayers.