N. SUBRAMANIAM Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) THE challenge made in this writ petition is against the order of the first respondent in rejecting the petitioner's request for grant of Freedom Fighters Pension.

(2.) THE case of the petitioner is as follows: He is a freedom fighter. He had joined the Indian Independence League in 1944 in the Dallah Branch, Rangoon, Burma and served under the Chairman Mr.V.A.Rangasamy. He participated in various struggles relating to freedom movement during the year 1944 -45. He was arrested by the British Force and was tried by Allied Marshal Court and imprisoned in the Rangoon Central Jail for a period of more than six months from the month of May 1945 to November 1945. The petitioner is entitled to Freedom Fighters Pension under State Freedom Fighters Pension Scheme. He made an application for grant of pension on 25.04.1998 in the prescribed format by enclosing a certificate dated 25.04.1998 issued by his co -prisoner M.Subramani. An Identity Certificate issued by one Sevathiyan also was enclosed. One P.K.Servai, the State President of Tamilnadu I.N.A Forum issued a Personal Knowledge Certificate dated 15.02.1999 to the petitioner stating that he had been a member of I.I.L. and participated in the freedom struggle. The General Secretary of All India I.N.A. Committee also issued a certificate on 17.01.2004, stating that he was a political sufferer and a member of Indian National Army. He made once again a representation dated 16.11.2011 to the second respondent seeking for grant of pension. The second respondent through letter dated 16.11.2011 informed the first respondent that the Chennai District Review Committee recommended the petitioner's case for grant of pension as early as on 05.10.2005 itself. Again, the petitioner approached the second respondent and gave representation on 28.02.2012. The petitioner filed a writ petition in W.P.No.33973 of 2012 seeking for grant of pension. On 19.12.2012, this Court directed the first respondent to consider the claim of the petitioner in the light of the recommendation already made by the second respondent and pass appropriate orders. The first respondent thereafter sent a letter dated 21.01.2013 directing the second respondent to furnish the original documents. The second respondent in turn asked the Tahsildar of Kottai -Tondiarpet Taluk to verify the above documents with the original documents. Accordingly, the Tahsildar verified the said documents and certified the same by a letter dated 27.02.2013. On receipt of the same, the first respondent passed the impugned order rejecting the claim of the petitioner on the ground of non furnishing of new and acceptable documents.

(3.) HEARD the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials placed before this Court.