V LOGANATHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) It is unfortunate that a living freedom fighter, who participated in the "Quit India Movement" during the year 1942 and spent a precious part of his life in prison with courage for the sake of freedom to this great country, who has claimed pension under Swantrata Sainik Samman Pension Scheme 1980' has been driven from pillar to post for several years by the respondents without realising their responsibility towards such great people who are responsible for the freedom that we are enjoying today. Claiming the said pension, the petitioner made several requests right from the year 1994 onwards. The same was not considered. As a matter of fact, his claim was rejected earlier which resulted in W.P.No.3868 of 1994 before this Court. A Division Bench of this Court by order dated 26.10.1998 set aside the same and directed the authorities to re-consider the same. Again the said request of the petitioner was rejected on 10.03.1999. He made yet another representation on 14.02.2000 after rectifying the defects noticed in the earlier order. That was again rejected on 14.02.2000. Challenging the same, he filed a writ petition in W.P.No.10729 of 2000. A Division Bench of this Court by order dated 01.12.2000 directed the Central Government to consider the fresh representation made by the petitioner on 22.07.1999 independently on the materials available on record without reference to the earlier order. Thereafter, the request of the petitioner was again rejected by the Central Government by an order in No.52/CC/293/2000-FF-2 dated 24.01.2001. Challenging the same, the petitioner has filed the present writ petition in the year 2001.

(2.) In the counter filed by the first respondent, it is stated that the claim of the petitioner was rejected because the claim was not made through the State Government as required under the Scheme. Having noticed the said stand taken by the Central Government, this Court passed an interim order on 11.12.2009 directing the State Government to give views/remarks on the application submitted by the petitioner so as to enable the Central Government to process the issue further. It was also directed that before proceeding further in the matter, the second respondent namely the State Government shall give the petitioner or his duly authorised representative or the counsel an opportunity to submit any further records that may be required for considering the application and claim on merits. Further, in paragraph No.7 of the said interim order this Court has directed as follows:-

(3.) It is now brought to the notice of this Court by the learned Government Advocate appearing for the second respondent that the Secretary to Government Political/Pension Department, Government of Tamil Nadu by letter No.41065/Pp1/09-04 dated 11.01.2010 has submitted his remarks to the Central Government. The original file is produced for perusal of this Court. In paragraph No.5 of the said report, the State Government has recommended as follows:-