K S VELUSAMY Vs. GOVT OF INDIA

JUDGEMENT

(1.) Aggrieved by the order of the first respondent dated 16-5-1994 petitioner has filed the above writ petition to quash the same and for direction to the first respondent to revive the Sutantara Sainik Samman Pension to him from January, 1974 onwards with 18 per cent interest.

(2.) It is seen from the affidavit filed by the petitioner that he had participated in Quit India Movement during 1942. He suffered imprisonment for a period of six months along with other freedom fighters and he was also imprisoned at Madurai Central Jail along with Mr. V. Muthu, Ex. M.L.A. who was in the same Jail at that time. On the application of the petitioner he was sanctioned pension by the first respondent under the Scheme from November, 1973. All of a sudden without any notice his pension was stopped. He made several representations. It is further stated that, totally the first respondent sanctioned pension to 54 freedom fighters in their order dated 23-11-1976 and out of 54 persons, 19 persons filed writ petitions 197 to 512 of 1978 etc., batch and this Court by 30-1-1979 allowed all the writ petitions and granted liberty to the 1st respondent to issue show-cause notice before taking further steps. First respondent did not issue any show-cause notice and all the above said petitioners are receiving pension till date. After disposal of the said writ petitions, petitioner made a representation since he has not received any reply he has filed W.P. No. 10552/89 before this Court. By order dated 22-12-1993 this Court directed the first respondent to consider and dispose of the writ petition in the light of the decision reported in (1994) 1 Mad LJ 628. It is further stated that in spite of direction, by the impugned order first respondent has rejected the claim of the petitioner, hence the writ petition.

(3.) The contesting first respondent has not chosen to file counter affidavit.