A EBRAHIM Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed to call for the records relating to the order of the second respondent vide his order F.No.52/CC/4/2008-FF (INA) dated 03.02.2009 quash the same and consequently direct the respondents herein to sanction and pay Freedom Fighters Pension (Swantantrata Sainik Sanman Pension) to the petitioner from the date of the original application filed on 07.02.1983 with all attendant benefits such as Tamara Patra, Railway, Bus travel concession, Medical Health benefits etc.

(2.) The facts which are necessary to decide the issue involved in the writ petition are as follows:- The petitioner was one of the civilian members in Indian Independence League, Thinganyam (Rangoon), Burma. He joined in Indian Independence League Branch during the year 1943. He rendered his valuable service as a National Army Transit Camp (Caffor Road) Thinganyam(Rangoon),Burma. The petitioner is a freedom fighter having participated in Indian National Army and was convicted to undergo imprisonment during the year 1945. Hence, as a freedom fighter, he applied before both the Government of India and the Government of Tamil Nadu for the Freedom Fighters Pension from 07.02.1983. Though the Government of Tamil Nadu has granted freedom fighters' pension, the Government of India, the first respondent herein has rejected the case of the petitioner for grant of pension. Hence, the petitioner has filed a number of writs seeking issuance of writ of Certiorarified Mandamus to quash the impugned order dated 22.11.2007 and 14.12.2007 in No.52/CC/21/2004-FF(INA) and consequently directing the respondents to sanction and pay Freedom Fighters Pension (Swantantrata Sainik Sanman Pension) to the petitioner from the date of his original application dated 07.02.1983 with all attendant benefits. Lastly, the petitioner filed a writ petition in W.P.No.1610 of 2008 in the year 2008. In the said writ petition, this Court has passed an order directing the petitioner to submit a representation before the State Government and further directed the State Government by relaxing the rules shall make appropriate recommendation for granting of Swantantrata Sainik Sanman Pension by the Central Government within a period of four weeks from the date of receipt of the representation. As per the direction of this Court, the petitioner has submitted his representation along with a copy of the order dated 29.12.2008 made in W.P.No.1610 of 2008. The State Government has also made a recommendation to the Central Government by letter dated 09.01.2009. Thereafter the petitioner has also made a representation to the Ministry of Home Affairs, New Delhi, the second respondent herein. Finally, the second respondent once again passed the impugned order dated 03.02.2008 rejecting the claim of the petitioner stating that the claim of the petitioner cannot be accepted for grant of Swantantrata Sainik Sanman Pension. Aggrieved over the same, the present writ petition is filed.

(3.) The learned counsel appearing for the petitioner submitted that by orders dated 30.06.2008 and 10.11.2008, this Court directed the State Government by relaxing the rules shall make appropriate recommendation to the Central Government for granting of Swantantrata Sainik Sanman Pension. Accordingly, the recommendation was also made by the State Government to the Central government. Moreover, in the said order, the respondents are directed to consider the case of the petitioner sympathetically, in respect of the production of co-prisoner certificate is concerned, against which no appeal was filed by the respondents. Therefore, the said order has become final. Since there was a direction to the respondents to consider the case sympathetically on the basis of the co-prisoner certificate, the respondents ought not to have dismissed the claim of the petitioner.