K P NATARAJ Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) By consent of both parties, the writ petition itself is taken up for disposal.

(2.) Aggrieved by the proceedings of the first respondent dated 30.01.2001, rejecting the request for sanctioning of State Freedom Fighters Pension to the petitioner, the petitioner has filed the above writ petition to quash the same and consequently direct the first respondent to grant Freedom Fighter Pension to him in pursuant to the recommendation given by the second respondent in his proceedings dated 17.02.1999.

(3.) The case of the petitioner is briefly stated hereunder: According to him, he had participated in the Freedom Movement and he was kept in Coimbatore Central Prison from 21.12.1942 to 20.03.1943, almost for a period of three months. Pursuant to the policy of the Government, both Central and State, the petitioner had made an application for grant of Freedom Fighters pension. As per the conditions for applying Freedom Fighters Pension, the applicant has to enclose a copy of the certificate issued by the jail authority, certifying his confinement in the prison, specifically stating the period in which he was kept in custody. For the said purpose, the petitioner had made an application on 07.11.1987 to the Jail authority and he was replied by letter dated 15.11.1983, stating that as the jail records were already destroyed as per the Jail Manual, the certificate as claimed by the petitioner could not be issued, certifying his confinement in the prison. Thereafter, he made his application to the State Government for sanctioning the Freedom Fighters Pension in his application dated 15.12.1983, through the District Collector. He also made another application to the Central Government on 31.12.1981 and again on 30.09.1986. Pursuant to the application made to the District Collector, he received an intimation for his appearance before the District Committee. The petitioner appeared before the District Committee with required certificates. The petitioner had produced certificates from the Freedom Fighters, namely V.N. Arunachalam, who is getting Central Government Pension and who was lodged in Coimbatore Central Prison and Alipuram Jail in Bellary District from 14.09.1942 to 11.09.1944. The petitioner also produced another certificate from Nachipallan, who was lodged in Central Prison, Coimbatore from 29.09.1942 to 11.09.1944. After examining all the materials, the District Collector in his letter dated 17.02.1999, had written to the Deputy Secretary, Political Pension-I stating that the petitioner had given the certificate from three Freedom Fighters, who were in different Jails and also recommended to the Government for considering the claim of the petitioner. In spite of the report of the second respondent dated 17.02.1999, earlier direction of this Court dated 01.11.2000, the first respondent by the impugned letter dated 30.01.2001, rejected the claim of the petitioner on the ground that the certificate issued by the Freedom Fighter - Nachipallan, is not in order, hence, the present writ petition.