M NALLAMUTHU Vs. ADDITIONAL SECRETARY TO GOVERNMENT PUBLIC (POLITICAL PENSION - 4) DEPARTMENT AND DISTRICT COLLECTOR MADURAI DISTRICT

JUDGEMENT

(1.) The Petitioner has filed the present writ of certiorarified mandamus in calling for the records/documents relating to the impugned order passed by the first Respondent vide letter No. 1297/A.O.4/2006 - 3 dated 26/4/2006 to quash the same and also for issuance of direction to the Respondents in ordering the pension as per the provisions of Freedom Fighters' Pension Scheme.

(2.) According to the learned Counsel for the Petitioner, the impugned order of the first Respondent dated 26/4/2006 in rejecting the request of the Petitioner praying for pension as a State Freedom Fighter is an illegal and improper one, because of the fact that the Petitioner has submitted a valid certificate from the co-prisoner as per Rules.

(3.) Advancing his arguments, it is the contention of the learned Counsel for the Petitioner that the first Respondent, while rejecting the request of the Petitioner in praying for the pension as per his letter dated 26/4/2006 on the ground that the Petitioner's age cannot be more than 65 years on his appearance and moreover his age from '59' has been corrected as '81' based on medical certificate and Voters' list and that apart, the Petitioner has not assigned the reasons as to why he is claiming pension after 38 years and resultantly, negative the request of the Petitioner, which is not sustainable in the eye of law.