LAWS(MAD)-2011-11-373

M SHAWKATH ALI Vs. UNDER SECRETARY TO GOVERNMENT

Decided On November 22, 2011
M Shawkath Ali Appellant
V/S
Under Secretary To Government Respondents

JUDGEMENT

(1.) The petitioner seeks for issuance of a writ of mandamus to direct the respondents 2 and 3 to send all the documents after verification relating to the petitioner's Central Government Freedom Fighter Pension to the first respondent, who in turn should sanction the Freedom Fighter Pension within the stipulated time prescribed by this Court pursuant to the representation given by the petitioner, dated 17.03.2011.

(2.) The petitioner was a member of Indian National Army which fought against British Imperialism under the leadership of Nethaji Subash Chandra Bose. According to him, he was arrested by the British in connection with the freedom struggle and he was confined in the Central Prison, Rangoon from May, 1945 to December, 1945. While, he was confined in Central Prison, Rangoon, two other Indian National Army members viz., T.Rathinam Pillai and Muthu were also confined along with him. He came down to India as a repatriate leaving all his belongings in Burma. He applied for Freedom Fighters Pension by making application to the first respondent on 03.07.1984. There was no response for the same. Again, he made another application on 17.06.1994. The first respondent received his application and issued a receipt dated 16.04.1999.

(3.) The petitioner states that in spite of his request for State Freedom Fighters Pension from 2003, no pension is given by the first respondent. Therefore, he has filed the Writ Petition seeking for a direction to respondents 2 and 3 to send all the necessary documents for sanction of pension to the first respondent and also a direction to the first respondent to sanction Freedom Fighters Pension to him.