PALAMMAL Vs. GOVERMENT OF INDIA

JUDGEMENT

(1.) The petitioner is a Widow whose husband by name Shri N. Palaiyan, was a Freedom Fighter. He joined Indian National Army shortly I.N.A., headed by Nethaji Subash Chandra Bose. Her husband was a Sepoy (No. 506222) in I.N.A., 1st Guerilla Regiment. He went to Singapore in the year 1937. In March, 1944, he joined Indian National Army. He was sent to Silaita Camp and then deputed for Military training to Benkok and Shophin Camps. After the military training, he was sent to Rangoon in Burma by Colnl SPL Gyani and joined the First Guerilla Regiment of Bose Bigade. While so, he was arrested by the British forces near Mandelay in May 1945 and was kept for about three months in Mingladon Camp and thereafter, he was taken to Central Jail at Rangoon. He was imprisoned at the Central jail, Rangoon from 15.8.1945 till the end of February 1946. Those who retreated from the war front were arrested and kept in Mingladon Camp for few months and thereafter, brought to Rangoon Central Jail. After the world war was over, the persons who were imprisoned, were released. Thereafter, he was repatriated to Madras via Calcutta through sea. His repatriation took place with the assistance of I.N.A. Relief Committee at Rangoon. The petitioner is legally wedded wife to the Freedom Fighter Shri Palaiyan. He owned about one acre of land in T. Maravakadu Village in Pattukottai Taluk in Thanjavur District. There are six children to the petitioner through Shri Palaiyan.

(2.) Shri Palaiyan applied for Freedom Fighters Pension to the Tamilnadu Government in 1967. The District Collector, Thanjavur sent a report dated 31.12.1968 to the Chief Secretary to the Government, Public (General-P) Department of Tamil Nadu Government, recommending freedom fighters pension to Shri Palaiyan, on the ground that he was a member of I.N.A. He enclosed All India I.N.A. Committee Certificate along with his recommendation. Based on his recommendation, Tamil Nadu Government issued an order in F.I.P.O. No. 3311/69 dated 02.02.1969, sanctioning monthly pension of Rs. 50/- per month from 7.7.1967 onwards till his death. The pension was periodically increased by the Tamilnadu Government. He was in receipt of Freedom Fighters Pension from the Tamilnadu Government until his death on 5.10.1993.

(3.) Shri Palaiyan applied in 1980 to the Government of India, Ministry of Home Affairs, New Delhi for Freedom Fighters Pension, under its scheme. He enclosed two Co-prisoners Certificate from Shri V. Viswanathan and Shri S. Veerapan along with his application.