V SUBRAMANIAN Vs. S AUDISESHIAH

JUDGEMENT

(1.) THIS contempt petition has been filed by the petitioner, praying that this Court may be pleased to punish the respondent for contempt, for willful disobedience of the order, dated 27. 06. 2006, made by this Court in W. P. No. 37187 of 2003.

(2.) IT is submitted that the petitioner is a freedom fighter and that his name had been recommended by the District collector, Coimbatore, who is the head of the District Level screening Committee for the grant of the State Freedom Fighters pension. The District Level Screening Committee, consisting of senior officials and renowned freedom fighters, scrutinises the relevant records of the person, who had made a request for the payment of the State Freedom Fighters Pension. After being satisfied with the veracity of the claim, the Committee recommends the name of the individual concerned for sanctioning of the State Freedom Fighters Pension. The petitioner's name had been recommended, confirming to the facts, the guidelines, etc. by the said Committee, vide its proceedings, dated 22. 02. 1999. However, the same had been subsequently rejected, vide proceedings No. 19153/a03/2000-7, dated 01. 03. 2001. Based on the earlier decisions of this Court, as well as the decisions of the supreme Court, this Court had set aside the order, dated 01. 03. 2001, by an order, dated 27. 06. 2006, made in W. P. No. 37187 of 2003. By its order, dated 27. 06. 2006, this Court had further directed the respondent to consider the claim of the petitioner for the grant of the State Freedom Fighters Pension, in the light of the recommendation, dated 22. 02. 1999, and to pass appropriate orders, within a period of eight weeks from the date of receipt of a copy of the order. The petitioner had further stated that the respondent, instead of considering the order made by this court, on 27. 06. 2006, in its proper perspective and without understanding the spirit of the order, had rejected the District collector's recommendation, vide Letter No. 16341/pp. III/2006-4, dated 11. 09. 2006. The rejection of the petitioner's claim by the respondent amounts to deliberate and willful disobedience of the order of this Court, dated 27. 06. 2006, made in W. P. No. 37187 of 2003.

(3.) IT had been further stated that in a similar case relating to one K. V. Sreekumar from the State of Maharashtra, the district Screening Committee had recommended his name for the grant of the State Freedom Fighters pension. However, the said recommendation was rejected by the State Government, vide communication, dated 09. 06. 1999, which was challenged by k. V. Sreekumar before this Court. This Court, by its order dated 16. 09. 2004, made in W. P. No. 11970 of 2004, had struck down the order passed by the State Government. Since the State Government had not filed an appeal in the said case, the order passed by the high Court had become final and the claimant was paid the State governments Freedom Fighters Pension. Even though the case of the present petitioner is similar to that of K. V. Sreekumar, the respondent had rejected the petitioner's claim without having valid grounds to do so. Therefore, the respondent is liable to be punished for contempt, as stated in the petition.