S.RAMASAMY Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) THE petitioner has come forward with this writ petition to issue a writ in the nature of declaration, declaring that the orders of the Respondents in rejecting the petitioner claim for Tamilnadu State Freedom Fighters Pension on the ground that he did not attain the age of 18 years when he was in jail during May, 1945 to December 1945 as illegal and unsustainable and for consequential direction to the respondents to sanction and pay the petitioner Tamilnadu State Freedom Fighters Monthly Pension every month with effect from 09.02.2004 together with arrears, interest and other consequential benefits.

(2.) THE facts in brief which are necessary for the disposal of this writ petition are: - The father and forefathers of the petitioner were native of Trichy District in Tamil Nadu. During the British Rule, his father moved to Burma and settled at 1910. The petitioner was born on 1924. The petitioner joined as a member of Indian Independence League which is also known as Indian National Army, shortly INA which was constituted and started by the renowned freedom fighter Shri.Nethaji Subash Chandra Bose in the Far East and he was attached to Kumbe Branch, Rangoon, Burma of the INA. He played a significant rule in the fight put up by INA against the British Rule and the British Army. He also served as a Propagandist and War Fund Raiser under the Chairmanship of Shri.C.S.Naidu. He served in the said branch/until he was arrested by the British Army Force. After the arrest, he was put and imprisoned in Rangoon Central Jail from May 1945 to December 1945 for more than 6 months.

(3.) THE Government of India took various rehabilitation measures for all Burma Repatriates and Refugees. Initially they were at Madurai, Thiruparankundram Refugee Camp. Then we moved to Chennai in search of livelihood. The Government of India as well as the Government of Tamilnadu framed schemes for paying monthly pension to the freedom fighters like the petitioner not only to honour them for their sacrifice and service during the freedom struggle and movement but also to support them financially to sustain their livelihood and family.