GOVERNMENT OF TAMIL NADU Vs. KRISHNASAMY

JUDGEMENT

(1.) This writ appeal is directed against the order passed by the learned single Judge directing the appellants to grant freedom fighters pension to the respondent.

(2.) According to the respondent, he had participated in the freedom struggle and he was in Central Prison, Coimbatore. The period of his imprisonment was from 01.01.1941 to 003.1941 and 15.04.1941 to 01.07.1941. It is stated that the respondent submitted an application along with necessary documents which was rejected by the second appellant vide proceedings in Na.Ka.no.9471/2013/R3, dated 23.05.2016 on the ground that the application made by the respondent is bereft of particulars and the respondent had not completed 18 years, when he was sent to the prison. Aggrieved by the same, the respondent has filed W.P(MD)No.11993 of 2017.

(3.) Admittedly, the Freedom Fighters Pension Scheme was introduced with the object of providing grant of pension to living freedom fighters and their families and to the families of martyrs. It has to be kept in mind that millions of masses of this country had participated in the freedom struggle without any expectation of grant of any scheme at the relevant time. It has also to be kept in mind that in the partition of the country most of the citizens who suffered imprisonment were handicapped to get the relevant record from the jails where they had suffered imprisonment. The problem of getting the record from a foreign country is very cumbersome and expensive. Keeping in mind the object of the Scheme, the concerned authorities are required that in appreciating the Scheme for the benefit of freedom fighters a rational and not a technical approach is required to be adopted. It has also to be kept in mind that the claimants of the Scheme are supposed to be such persons who had given the best part of their life for the country.