G RAMASUBBU PILLAI Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) As the point involved in all the above writ petitions is the same, they are dealt with together. The facts involved in all the matters are also substantially the same and as such it is sufficient to deal with the facts in the first case, i.e., W. P. No. 197 of 1978.

(2.) The first respondent herein had proposed a scheme for rehabilitation of those persons who participated in the National Freedom Struggle and sacrificed the prospects of all livelihood and who were actually without any means of sustenance. The said scheme formulated by the Government of India is known as the'Freedom Fighters' Pension Scheme of. 1972. The said Scheme laid down the class of such freedom fighters who will be covered by the Scheme and also prescribed certain conditions and procedure for the applications to be made and for the grant of pension there under. For a person to become eligible for the grant of pension under the said scheme, he should have suffered imprisonment of not less than six months prior to 15-8-1947 the date on which the country attained Independence. A person claiming the benefit of pension under the scheme has to produce the records of the jail or the criminal Courts to prove that he has in fact suffered imprisonment during the relevant period. But if, such records are not available a certificate from a co prisoner who is either a sitting M.L.A. or M.P. or former M.L.A. or M.P. has to be produced in evidence of such imprisonment.

(3.) All the petitioners herein applied for the grant of pension under the said scheme on production of co-prisoner's certificate as required under the scheme. Their applications were considered and pension under the said Scheme was actually sanctioned by the President of India for life on various dates in 1972 and they were being paid pension from the date of sanction by the President of India. All on a sudden, without any prior notice the petitioners received a communication, dated 30-11-1976 from the Government of India, the first respondent herein, stating that the pension given to them may be treated as cancelled and that the amounts already paid to them as pension will be recovered by taking necessary action by the State Government. Subsequently, proceedings under the Revenue Recovery Act have been initiated against the petitioners for recovery of the amounts of pension paid to them before the said order of cancellation of pension was issued. It is at that stage the petitioners have come before this Court seeking the issue of a writ of certiorari from this court to quash the order of the first respondent dated 30-11-1976 under which the pension granted to the petitioners and others had been cancelled and a direction has been given to the State Government to recover the pension already paid by taking necessary action.