R MURUGAMALAI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is a Freedom Fighter. According to him, an arrest warrant was pending against him during the Quit India Movement and he successfully evaded the arrest. He remained underground from 1942 to 1944. He applied for pension under the "SWATHANTHIRA SAINIK SAMMAN PENSION SCHEME, 1980" vide application dated 12.08.1981. Along with his application, he enclosed two certificates, one from Mr.A.B.Nagier and another from Mr.A.M.Lakshmanan certifying that the petitioner remained underground during 1942 to 1944, while the British police were trying to arrest him for his active participation in the Gandhian Movement, including the Quit India Movement. Unfortunately, his application was rejected by the respondent by an order dated 28.02.1983 on the ground that he failed to produce any acceptable documentary evidence relating to his suffering. THE petitioner made a review application dated 01.11.1986, enclosing the certificate from one Mr.Gangadhara Parasuram certifying that the petitioner remained underground for about three years, evading the arrest of British police for his activities during the freedom struggle. However, no order was passed on the review application. This forced the petitioner to approach this Court by filing the present present writ petition seeking for a direction to the respondent to grant Freedom Fighters' Pension under the "SWATHANTHIRA SAINIK SAMMAN PENSION SCHEME, 1980".

(2.) NOTICE of motion was ordered on 25.11.2009.

(3.) THE learned counsel for the petitioner has brought to my notice clause 4 of the Scheme, which defines about eligibility of the persons for pension under the Scheme. Clause 4(b)(2) of the explanation to clause 4 of the Scheme is relied on by the learned counsel for the petitioner to claim pension under the Scheme. As per clause 4(b)(2) of the explanation to clause 4, a person who remained underground for more than six months evading arrest from the British police, is entitled to pension. THE learned counsel also relies on clause 9 of the Scheme that deals with as to the evidence required to prove the sufferings of the freedom fighters. In clause 9, the evidence that is required to prove that the freedom fighter remained underground, is to produce a certificate from veteran freedom freedom fighter, who had undergone imprisonment for five years or more, if the official records relating to the arrest warrant or proclamation that the freedom fighter was an offender, are not forthcoming due to non-availability.