R THANGAVELU Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) THE writ petitioner herein and others who claim to be the freedom fighters, were refused the grant of pension under the Swadantrata sainik Samman Pension Scheme by the Ministry of Home Affairs, Union of India. Hence, they approached this Court for issue of a writ of certiorarified mandamus to quash the order of the Government of India and for mandamus to pay the pension from a particular date. Some writ petitions were filed for the relief of mandamus directing the Government to consider their names and consequently to pay the pension from a particular date.

(2.) SOME impugned orders were passed on merits. SOME without assigning any reason. A few orders were issued on the printed/cyclostyled form by filling up the necessary particulars in the blanks left out for that purpose. SOME orders were passed on the ground that the imprisonment undergone has not been established. Quite few orders have been passed rejecting the applications on the question of belatedness. SOME claims were re-jected on the question that the same can be considered only if official documentary evidence such as jail certificate, warrant of arrest, etc. , are produced. It is seen from some orders that the certificate does not indicate the period of conviction and the actual date of release. A few cases were rejected on the ground that the co-prisoner's certificate was not filed or even the filed certificates are not genuine. SOME cases have been rejected by the Government of India on the ground that the Government of Tamil nadu has not recommended the case of the persons concerned for payment of pension. SOME cases were rejected on the ground that the detention period was less than six months.

(3.) ACCORDING to the scheme, a person who had suffered a minimum imprisonment of six months in the main land jails before independence is eligible for the grant of Samman pension. However, ex-INA personnel will be eligible for pension if the imprisonment/detention suffered by them was outside india. The minimum period of actual imprisonment for eligibility of pension has been reduced to three months in case of women and SC/ ST freedom fighters from 1. 8. 1980. Detention under the orders of the competent authority is considered as imprisonment and the period of normal remission upto one month will be treated as part of actual imprisonment.