K MADHAVAN Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an unfortunate case where a person, who has participated in the freedom struggle movement, who is entitled for the Swatantrata Sainik Samman Pension as per the Pension Scheme of 1980 framed by the Government of India has been dragged by the respondents only to deny his legitimate rights as per the Scheme. This can only be termed as shame and harassment.

(2.) It is seen that the petitioner has approached this Court atleast two times earlier and inspite of the earlier direction given by this Court to consider the case of the petitioner for the purpose of grant of pension on admitted factual matrix, the 3rd respondent has chosen to pass the impugned order once again stating that the petitioner has not produced any records or certificates to show that either he participated in the freedom movement or he was dismissed from service for such participation and was not reinstated within a period of two years. The petitioner, who is a resident of Mahe, which is in the Union Territory of Puducherrty has participated in the Mahe Liberation Movement apart from Indian Independent Movement. It is due to the said participation, he was dismissed from service while he was working as a Teacher in Sree Narayana Vilasam Senior Basic School, Punnol, which is a recognised Aided Government School in the State of Kerala.

(3.) It is the case of the petitioner that it is not a dispute, since the same has been settled in earlier round of litigation in W.P.No.3714 of 2010 in the order dated 25.2.2010. For his participation in the freedom struggle, he was brutally attacked by the police as well as the goondas and the employment which he was holding was taken away and he had to live in self-exile on many occasions. To prevent him to be attacked by the ruthless attack by the then rulers, he was stated to have been in the underground for 19 months period. It is stated that to support his involvement in the freedom struggle, he has enclosed a certificate of a co-convict, who was also sentenced to undergo imprisonment along with the petitioner in Alipuram Jail in Bellari from 1942 to 1944. It is also seen that in recognition of the service of the petitioner, the Government of Puducherry, namely the 1st respondent has given Freedom Fighter Pension as per the proceedings dated 14.8.1985 and in the book Published by the Government of Puducherrty (who is who Freedom Fighters), the name of the petitioner finds place. Therefore, as per the Swatantrata Sainik Samman Pension Scheme, 1980 formulated by the Government of India, especially with reference to clause 2.7, which is as follows,