MURUGAIYAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner seeks writ of mandamus directing the respondents to grant Central Government pension under the Swatantra Sainik Samman Pension Scheme (SSS Scheme) from 15th August, 1972 in pursuance of the petitioner's application dated 16-11-1990.

(2.) In brief, the petitioner is a freedom fighter from Pondicherry Union Territory, whose name is admittedly found in the Directory containing the name of the freedom fighters of Pondicherry Union Territory prepared by the respondents themselves. In the said Directory, the petitioner's name and his contribution in the freedom struggle are stated as follows :-"497. Thiru S. Murugaiyan, s/o. (Late) Swaminathan - Born on 24-8-1932. He joined the movement in 1952. He was subjected to very harsh treatment at the hands of their French Government. He was arrested and detained by the French Police without trial. Because of the harassment of the police, he externed to the borders of Karaikal and joined camps. He lost his properties when he was in self-exile. Was in self-exile from 1950 to October 1954. Drawing State pension.Address : No. 22-A, First Street,Suriyagandhi Nagar, Pondicherry."Therefore, the petitioner claims that he is entitled for the Central Government Pension under Swatantra Sainik Samman Pension Scheme (hereinafter referred to as SSS Scheme), as it was granted to one N. Rajagopalan, whose name is also found in the Directory maintained in this regard, which reads as follows :-"724. Thiru. N. Rajagopalan, s/o. (Late) Natarajan. Born on 7-8-1921. A holder of Certificate of Honour. As president of the Textile Mills Clerks Union, he assembled about 300 Clerks along with 5000 workers and conducted a procession on 1-3-1954 raising slogans against the French rule. When the police tried to arrest him, he escaped from them and moved to the borders along with K. Goubert, former, Chief Minister. He served as a captain to the force at the borders. He made picketings around the borders and played a very courageous and wise role during this period. He worked with great devotion and patriotism in exile from March to October 1954. He was member of the Freedom Fighters Committee for a long time. Drawing State Pension.Address : No. 248, Bharathy Street, Pondicherry."

(3.) According to the learned counsel for the petitioners any person who has suffered a minimum imprisonment of six months in the mainland jail before independence, is eligible to get the Central Government Freedom Fighters Pension, which is not disputed by the respondents. The learned counsel for the petitioner points out that the petitioner, admittedly was arrested, detained by the French Police without bail harassed by the Police and when the petitioner was in exile from 1950 to October 1954, and lost his properties. The respondent, without properly appreciating the above admitted facts, denied the pension, even though the petitioner is eligible for the same and such denial is arbitrary, unreasonable and violative of Article 14 of the Constitution of India, as the respondents are paying pension to a similarly placed freedom fighter, namely N. Rajagopalan. In this regard, he placed reliance on the decision-(a) Gabriel, D. v. The Government of India, reported in (1991) 1 Mad LW 279; and(b) S. Rajamani v. Union of India, reported in AIR 1997 Madras 280.