V RAMASAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) BY consent of both sides, the writ appeal is taken up for final disposal even at the admission stage.

(2.) THE appellant, who is a Freedom Fighter, aged 87 years underwent imprisonment for having participated in the Quit India Movement. He was imprisoned in Central Prison, Coimbatore, as an under-trial prisoner from 20.9.1942 to 7.12.1942. THE appellant, in the capacity of Freedom Fighter, submitted application for the sanction of State Freedom Fighters Pension in June, 1981 and subsequently on 8.7.1986. THE District Collector, Coimbatore second respondent herein, in his proceeding dated 29.7.1983 stated that the appellant's application submitted in June 1981 was forwarded to the State government. THE appellant enclosed co-prisoner's certificate obtained from one P.Velusamy and R.Velumayil, who were receiving Freedom Fighters Pension from the Central Government. THE appellant was repeatedly making representations for the sanction of Freedom Fighters pension and on 4.3.1999, the District Collector sent his recommendation to the Government stating that the appellant is having acceptable proof for his participation in the freedom struggle.

(3.) MR. J.Raja Kalifulla, learned Government Pleader, on the other hand submitted that under the Tamil Nadu State Freedom Fighters Pension Scheme, pension can be ordered only from the date of the sanction order and not from any date prior to that and the learned Judge relied on the said clause in the scheme and denied arrears of pension.