KASEE VARADHARASAN SWAMIGAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Writ Petition has been filed seeking to quash the Letter No.13720/2009-2 dated 29.10.2009 of the first respondent and to direct the first respondent to grant freedom fighters pension to the petitioner from the date of his application in pursuant to the recommendation given by the District Collector in e/f/xs/2/78468/97 dated 18.02.1999.

(2.) The case of the petitioner is that he is a freedom fighter and since his claim for grant of freedom fighter pension was rejected by the first respondent by letter dated 29.10.2009, he had earlier filed a Writ Petition before this Court in W.P.No.2498 of 2005. This Court, by order dated 14.08.2009 while setting aside the earlier rejection order dated 14.06.2004, directed the first respondent to consider the claim of the petitioner for grant of freedom fighter's pension in the light of the recommendation of the second respondent which was made vide proceedings dated 18.02.1999 in favour of the petitioner.

(3.) The petitioner submitted that he had participated in the Quit India Movement which was initiated by Mahatma Gandhiji in the year 1942 along with several others and had involved in various kind of activities as part of the said Movement. The British Government had arrested the petitioner then and kept him in Coimbatore Central Prison. He was in prison from August 1942 to March 1943 for almost seven months and had also taken part in Mysore State freedom movement for merger of Mysore State with the Indian Union after 15th August 1947 for complete accession with the Independent India. He participated in the Second Sathyagraha batch of Tamil Nadu Student Congress and sentenced to undergo rigorous imprisonment for a period of three months from 30.09.1947 to 29.12.1947. The Senior Superintendent of Central Jail, Bangalore, issued a certified extract form of convict register of Central Jail, Bangalore, to this effect. The petitioner even according to the Certificate issued by the Senior Superintendent, Central Jail, Bangalore, was lodged in the Central Jail, Bangalore, for the offences under Section 56(1) of D.I.R. sentenced in C.C.No.409 of 1947-47 by the City Magistrate, Bangalore, for a period of three months from 30.09.1947 to 29.12.1947. He was however released on 14.10.1947 as per G.O.No.P.3481-90 dated 13.10.1947.