R PONNAMMAL Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) HEARD both sides.

(2.) THE writ petition is filed by the petitioner, seeking to challenge an order dated 16.03.2009 passed by the first respondent, the State of Tamil Nadu and after setting aside the same seeks for a direction to sanction family pension to the petitioner, being the widow of freedom fighter Late Mr.Ramanarasimhan under the Freedom Fighters Pension Scheme with effect from the date of the petitioner's husband's original application i.e.15.01.1982 together with interest at the rate of 18% per annum.

(3.) THE petitioner's husband applied for the grant of Pension on 15.01.1982 under the State Freedom Fighters Pension Scheme. He enclosed a certificate dated 15.01.1982 issued by his co-prisoner V.Muthu, who was also a former Member of Legislative Assembly regarding his incarceration in Alipuram Jail from 22.08.1942 to 21.11.1942. But his request was rejected by the State Government by an order dated 18.09.1984 as his claim was not established beyond doubt. THE petitioner's husband applied to the jail Superintendent, Palayamkottai Central Prison at Bellari, the Court of Judicial Magistrate II, Madurai and other police officials to furnish documents relating to his imprisonment and about his underground activities. THEy had informed that due to the long lapse of time and due to destruction of records, the requested documents could not be given to him. To that effect, he got reply from Palayamkottai Central Prison dated 13.06.1985, South Police Station, Madurai dated 21.11.1984 and Central Prison, Alipuram dated 18.05.1985.