THIYAGI R P KALIMUTHU Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The petitioner prays for the issue of a writ of certiorari, to call for the records relating to the proceedings dated 20.6.1995 consequent suspension of payment of pension order dated 24.10.1989 by the first respondent and consequential order passed by the third respondent dated 28.2.1996 and quash the same and direct the respondents 1 to 3 to restore the payment of freedom fighters pension to the petitioner from 24.10.1989 being the alleged date of cancellation and continue to pay the said pension amount with arrears on the basis and under Swatantrata Sainik Samman Pension Scheme.

(2.) The petitioner, who is no more was a freedom fighter and he was receiving pension under Scheme of Swatantrata Sainik Samman Pension. Subsequent to his death, his wife has been impleaded by substitution.

(3.) According to the petitioner, he took part in several freedom struggle for the Independence of India against the British Rule. In 1942 revolution ,he had undergone imprisonment from 11.11.1942 to 5.3.1943. On a sentence passed by the Judicial Magistrate No.1, Madurai under DOI Rules,he was kept in Central Prison, Madurai and his convict number is 4582. The petitioner further contends that after the implementation of the Swantantra Sainik Samman Pension Scheme 1972, he applied for pension in the prescribed form on 10.8.1991, after obtaining necessary certificates. The first respondent passed an order sanctioning a sum of Rs.300/- per month as pension to him under political head in recognition of his freedom struggle involvement. He was receiving pension with effect from 1.8.1980. Suddenly after seven years, the 1st respondent abruptly suspended the payment of pension forthwith until further orders by his proceedings dated 24.10.1989, a show cause notice was issued to him calling upon him to submit explanation why the payment of pension to him should not be cancelled on the following grounds: