STATE OF TAMIL NADU Vs. A K GOPAL

JUDGEMENT

(1.) THIS Writ Appeal arise out of the order of learned single Judge directing the Government to pass orders granting eligible pension to the Respondent from the date of original application i.e. 27.01.1982 in accordance with the Government Orders.

(2.) CASE of Respondent is that he had participated in the freedom movement, especially Quit India Movement and had been imprisoned at Vellore Jail for a period of one month. After independence, the Government of India under various schemes framed for the benefit of freedom fighters has been sanctioning pension amount. According to Respondent, having undergone rigorous imprisonment for a month is eligible to freedom fighters pension under the State Government scheme. Respondent applied to Government for grant of State pension which was received by them on 30.01.1982. Along with his application, the Respondent had also enclosed Co-Prisoner's certificate obtained from Mr.P.S.K.Lakshmipathi Raju, Ex.M.L.A. apart from enclosing the certificate issued by the members of the High-level committee for freedom fighters pension. As per the direction of the District Collector, Respondent had also obtained certificates from Shri.Ma.Po.Sivagnanam, Chairman, State Advisory Committee and Ms.Manjubhashini.

(3.) POINTING out that Respondent has obtained two certificates from Shri.Ma.Po.Sivagnanam, Chairman, State Advisory Committee and from Ms.Manjubhashini certifying that Respondent served imprisonment from 01.11.1942 to 30.11.1942, learned single Judge held that Respondent being 88 years, he cannot be expected to produce new set of documents. Referring to various Government Orders, learned single Judge held that mere technicality should not stand in the way of rendering substantial justice and directed the Government to pass orders granting eligible pension to the Respondent from the date of his original application in accordance with Government Orders.