S PONNUSWAMY Vs. GOVT OF T N

JUDGEMENT

(1.) The prayer in the writ petition is as follows :-

(2.) Petitioner was residing in Penang in Malaysia. During 1937, he joined the Indian National Army as Sepoy recruited by Netaji Subash Chandra Bose and he belonged to 2/9th Guerilla Regiment with Regd. No. 63595. He suffered imprisonment from 15-8-1946 up to the end of February, 1947. Along with him, one Ponnusamy was also imprisoned and he is a recipient of State Pension. The petitioner had applied for pension under the Freedom Fighters, Pension Rules, 1968, but it was rejected by the respondent on the ground that the pension cannot be granted to the petitioner as he was residing outside Tamil Nadu. The petitioner returned to India and is permanently residing in Ramanathapuram District. The petitioner has been making repeated representations to the Government for the grant of Freedom Fighters' Pension. On 2-12-1987 a communication was addressed to the Collector of Ramanathapuram to enquire and report whether the petitioner joined Indian National Army and suffered imprisonment. The petitioner furnished necessary documents to show that he was in the Indian National Army and was imprisoned during 1946-47. The petitioner also produced a co-prisoner's certificate. Since no reply was received, the petitioner made a representation on 30-1-1988. On 10-2-1989 the impugned order has been passed by the respondent rejecting the petitioner's claim for Freedom Fighters' Pension on the ground that his service in the Indian National Army has not been established beyond doubt. Hence the petitioner has come forward with this petition stating that when his earlier application for the grant of pension was rejected, the only reason given was that the petitioner was residing outside Tamil Nadu and now a different reason is given in the impugned order for rejecting the petitioner's request for the grant of pension. According to the petitioner, his right to get pension cannot be rejected arbitrarily.

(3.) Notice of motion was ordered by me on 28-7-1989. Learned Additional Government Pleader has entered appearance on behalf of the respondent.