G KALYANASUNDARAM Vs. UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS FREEDOM FIGHTERS, DIVISION I; THE UNDER SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF HOME AFFAIRS AND; THE SECRETARY TO GOVERNMENT PUBLIC DEPARTMENT (PP-1)

JUDGEMENT

(1.) An octogenarian, a freedom fighter, whose request for pension, under the "Swantantrata Sainik Samman Pension Scheme 1980", has been rejected by the Central Government, is before this Court with this writ petition, challenging the same.

(2.) The Government of India, during the silver jubilee year of independence, introduced a pension scheme known as "Swantantrata Sainik Samman Pension Scheme 1980" for freedom fighters w.e.f 15.08.1972. A freedom fighter who claims jail sufferings for six months or more, is eligible for grant of the said pension on production of the following evidence:

(3.) The petitioner claims that he served in the Indian National Army during the freedom struggle between the year 1943 and 1945. He was arrested by English Force in Singapore and he was imprisoned in the 'Biddari Detention Camp' for the period from 15th August 1945 to the end of February 1946. One Mr. Kuppusamy, a similar freedom fighter and a member of Indian National Army was also imprisoned in the same prison along with the petitioner between 15th August 1945 to 20th April 1946. Indisputably, the petitioner was granted freedom fighter pension by the Government of Tamil Nadu accepting the claim made by the petitioner in the year 1989 onwards. While so, seeking pension under the above Central Government scheme, the petitioner made an application. The District Collector, Thiruvarur District, submitted a report to the State Government along with the report of the District level Screening Committee recommending for pension to the petitioner under the central Scheme. The said reports conclude that the petitioner is a freedom fighter and he was imprisoned for more than six months during the freedom struggle. Based on the said report of the District Collector dated 03.10.2005, in letter No. Na.Ka.24397/2005 H.3, the Government of Tamil Nadu recommended to the Government of India to consider the request of the petitioner for sanction of 'Swantantrata Sainik Samman Pension'. The petitioner had also submitted an affidavit of the co-prisoner, Mr. Kuppusamy, wherein Mr. Kuppusamy had stated that the petitioner was imprisoned along with him during the freedom struggle between 15th August 1945 and the end of February 1946. One Mr. Rethinasamy, yet another co-prisoner with the petitioner, has also sworn an affidavit.