K APPANRAJ Vs. SECRETARY

JUDGEMENT

(1.) The petitioner, 80 years old has a sad story to tell this Court in regard to his unsuccessful attempt to get the pension under the scheme for over a period of 23 years. The petitioner while he was studying in American Collage at Madurai during the year 1942, took active participation in freedom movement and underwent lot of physical and mental sufferings and then onwards went underground for fighting British Rule for freedom for years. He made request for freedom pension. He also produced various certificates issued by Ex. M.P. & Ex.M.L.A. Mr. Anthoni Pillai to contend that he was also involved in the freedom struggle. Nevertheless, the representation of the petitioner was not considered and therefore, he filed W.P.No.10168/2000 before this Court which was disposed on 11.10.2000 by directing the respondents to consider the representation of the petitioner and pass orders. Pursuant to the said direction, the representation of the petitioner was considered by the impugned order dated 30.11.2000 and the request of the petitioner was rejected. Hence the petitioner has come forward with the present Writ Petition before this Court.

(2.) According to the petitioner, he participated in the freedom struggle along with Mr.C. Anthoni Pillai, Secretary, Port and Dock Workers' Federation, Madras. He has enclosed the Certificate dated 13.1.1992 issued by the said Anthoni Pillai wherein it is stated that the petitioner was an active member in the freedom movement and he took part in the freedom movement along with Anthoni Pillai, Thiru R. Venkataraman, Former President of India, Bodi Muthiah, Ramaswamy and others. Though others were arrested, the petitioner managed to escape and went underground. Hence, he is entitled to the pension under the scheme.

(3.) Per contra, it is the case of the respondents that in the absence of any proof that the petitioner was declared either proclaimed offender or one on whom an award for arrest was announced or one for whose detention, order was issued but not served,he is not eligible for pension under the Scheme.