N PALANIAPPAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) THIS writ petition is directed against the order of the second respondent dated 20.03.98, under which the second respondent has rejected the claim of the petitioner for payment of Freedom Fighter's Pension as per the Pension Scheme on the basis that the Certificate issued in favour of the petitioner is general in nature and it is not a certificate issued by a co-prisoner. According to the second respondent, the petitioner has not obtained certificate from approved co-prisoner and in view of the same, the impugned order came to be passed.

(2.) ON the face of it, it is the most unfortunate case, wherein, the second respondent instead of taking a pragmatic approach has only taken a technical stand for the purpose of denying the legitimate right of a person who has fought for the country in the freedom struggle for which there are abundant records, but taking impossible grounds.

(3.) FURTHER, late Mr.P.Kakkan, President, Tamilnad Congress Committee and former Minister of this State, who has undergone imprisonment in the freedom struggle has issued a certificate stating that the petitioner is a political sufferer and he was remanded to jail for eight months. In fact he has stated that the petitioner was with him in Madurai Central Jail during 1942 Freedom Movement. The said certificate is extracted below: