V THANGIAH PANNIAR Vs. GOVT OF T N

JUDGEMENT

(1.) In this writ petition, the petitioner prays for the issue of a writ of certified mandamus to quash the order of the respondent dated 6-5-1986 in its proceedings No. 115319/83-7, Public (PP. IV) Department, and to direct the respondent to grant pension to the petitioner under the Tamil Nadu Freedom Fighters' Pension Rules, 1966.

(2.) The case of the petitioner in this writ petition is as follows :- The petitioner is a political sufferer who participated in the freedom struggle from the year 1931 up to the year 1942. In 1931, the petitioner took part in the Liquor Shop picketting and was remanded to custody by the Sub Magistrate, Tuticorin, for one week. In 1942, the petitioner participated in the "Quit India Movement". During this movement, the petitioner cut the telephone and telegraphic wires and burnt Post Offices. In connection with participating in the Quit India Movement in 1942, the petitioner was sentenced to imprisonment for two months by the Sub Magistrate, Tuticorin. The petitioner was kept in the Tuticorin Sub Jail for one month and then transferred to Kokkirakulam Sub Jail. From 3-10-1942 to 30-10-1942 he was kept in Kokkirakulam Sub Jail. Recognising that the petitioner was a political sufferer, the Government of Tamil Nadu assigned a land of about 2.75 acres in Senthamangalam village. As per the Freedom Fighters' Pension Scheme, the Government of India is granting pension to the political sufferers provided they have suffered imprisonment for a particular term. The Government of Tamil Nadu is also, under the Freedom Fighters' Pension Scheme, giving a pension of Rs. 200/- per month subject to the condition that the freedom fighter has suffered imprisonment for at least 21 days.

(3.) The petitioner is entitled to avail the pension benefit under the Freedom Fighters' Pension Rules, 1966, and on 9-4-1981, he applied to the Superintendent of the Sub Jail at Kokkirakulam, to grant a certificate of imprisonment. On 10-4-1981, the application was returned with an endorsement that the jail records had been destroyed on 15-11-1981, the petitioner applied to the State Government requesting for the grant of pension. Along with the application, the petitioner submitted two certificates, one from the President of the Tamil Nadu Freedom Fighters' Association and another from the working President of the Nallai District Freedom Fighters' Association, Tuticorin, testifying that the petitioner suffered imprisonment from 3-10-1942 to the end of October, 1942. The respondent directed the petitioner to produce certificate from two co-prisoners. Accordingly, the petitioner obtained a certificate from Thiru S. N. Samaiyajuly, ex. M.L.A., and another certificate from Thiry A. Subbiah, Working President of the Nellai District Freedom Fighters' Association, Tuticorin. In the Certificate issued by Thiru S. N. Someiyajuly, ex. M.L.A., he has specifically stated that the petitioner was with him in Kokkirakulam Sub Jail as a Co-prisoner from 3-10-194 2/10/1942 and that he knew personally that the petitioner was in Kokkirakulam Sub Jail for more than a month.