BUVISESHAMUTHU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner challenges an order of the respondent dated 14.9.1990 rejecting his request for the grant of State Freedom Fighters Pension on the ground that the All India I.N.A. certificate produced by him is not acceptable as valid documentary evidence.

(2.) THE petitioner seems to have joined the Indian National Army (in short I.N A.) in the year 1943 and he was arrested by British Army in the year 1945 and he was kept in Rangoon Central Jail from May 1945 to February 1946 and later on he was released. Consequent upon the relaxation in maximum ceiling of income for freedom fighters' pension by the State Government his petitioner applied to the District Collector of Tirunelveli on 6.5.1983 praying for the sanction of the pension under Tamil Nadu State Government Freedom Fighters Pension Scheme. Since there was no reply, the petitioner renewed his application and addressed a letter to the Governor of Tamil Nadu. THE petitioner was informed by a letter dated 4.5.1987 by the Secretary to the Governor that his request could not be considered since his claim of service on I.N A. has not been established beyond doubt. It is also stated in the affidavit that he produced a certificate dated 16.5.1986 to prove that he has served in I.N.A. issued by one Capt. S.S. Yadava who was the Joint Secretary of All India I.N.A. on 14.9.1990. THE impugned communication has been received by the petitioner which is challenged before me.

(3.) MR. P. Gunaraj, learned Additional Government Pleader appears for the respondent.