S. SOMASUNDARAM AND K. VEDASWAMY Vs. THE STATE OF TAMILNADU, REP. BY DEPUTY SECRETARY TO THE GOVERNMENT, PUBLIC (POLITICAL PENSION) DEPARTMENT, FORT ST. GEORGE, MADRAS AND THE DISTRICT COLLECTOR, COIMBATORE COLLECTORATE, COIMBATORE

JUDGEMENT

(1.) Both the above writ petitions though filed by different petitioners, they have been filed against the same respondents praying to issue in each petition a writ of certiorarified mandamus calling for the records on the file of the first respondent in the first writ petition above in proceeding No.14369/2000 -8, Public (political Pension -3) department dated 10.4.2001, in the second writ petition above in proceeding No.20529/2000 -7, Public (political pension -3) department dated 30.1.2001 respectively and quash the same further directing the first respondent to grant freedom fighters pension to the petitioners pursuant to the recommendations of the second respondent made in Na.Ka.No.85548/2000/ /2 in the first writ petition above in Na.Ka.No.86630/2000/ /2 in the second writ petition above respectively, both dated 2.1.2001.

(2.) Though separate affidavits have been filed in support of the above writ petitions, they are on common averments in which the petitioners would allege that they were the freedom fighters in Coimbatore District and having participated in the Quit India Movement, they were arrested and kept at the Central prison, Coimbatore from 1.9.1942 to 16.4.1943 and the second petitioner from 19.10.1942 to 21.12.1942.

(3.) The petitioners would further submit that one of the essential conditions for applying for the freedom fighters pension, they have to enclose copies of the certificate issued by the jail authorities certifying their confinement in the prison coupled with the FIR copies, judgment copies etc., that since as per the Rules of the Government and the jail manual, the records have been destroyed after the prescribed period and therefore, they were not able to produce the certificates required by the respondents as proof of their confinement in the prison, (which comes to be known from the reply given by the jail authorities) and therefore, alternatively they arranged for getting the co -prisoners' authorization to the effect that they were in the prison along with the co -prisoners; that both the petitioners would state that they submitted such certificates in a valid manner, based on which the District Collector recommended the cases of the petitioners, as per his letter to the Government dated 18.2.1999 and in spite of such recommendations, since on the part of the Government, there had been no reply, the petitioners approached this court and filed the writ petitions in W.P.Nos.18265 of 2000 and 18426 of 2000 and on these writ petitions this court as per its order both dated 1.11.2000 directed the appropriate authorities to consider the entitlement of the petitioners' such pension and to pass orders sanctioning the same, if it is found that they are entitled to and it is only in adherence to this direction issued by this court, the Government have passed the orders impugned, dismissing both the petitioners' cases for the sanction of the freedom fighters pension, aggrieved against which the petitioners have come forward to file these writ petitions praying for the relief extracted supra.