A GOPAL MUDALIYAR Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) Heard Mr.S.Umapathy, learned counsel appearing for the petitioner. There is no appearance on behalf of the first respondent. Heard Mr.S.Umapathy, learned counsel appearing for the petitioner. There is no appearance on behalf of the first respondent.

(2.) The petitioner in this writ petition has prayed for issuing a writ of certiorarified mandamus for quashing the order dated 04.03.2001 passed by the first respondent and for a direction to the first respondent to grant freedom fighters pension as provided under Swadantrata Sainik Samman Pension Scheme. The fight by the petitioner for getting meagre pension appears to be more arduous than the freedom fight itself. The petitioner who is now aged about 81 years claims that he had participated in the freedom movement and had been imprisoned for about four years in 1943. Coming to know of the scheme of the Central Government relating to freedom fighters, he has filed an application in October, 1987 and pursuing the same from time to time by making several representations. Subsequently, a letter was written on 10.12.199 6 reiterating the prayer of the petitioner relating to payment of freedom fighters pension. At that stage, the first respondent by letter dated 14.05.1997, directed the petitioner to send application by registered post in the prescribed proforma. Accordingly, the petitioner filed fresh application, copy of which was sent to the State Government. The State Government, on the basis of the application, directed the District Collector to convene the meeting of the District Level Screening Committee. Such meeting of the Screening Committee was convened on 27.10.1997 and such Committee after duly considering the various facts and circumstances, recommended the name of the petitioner for grant of freedom fighters pension. However, at that stage, on the basis of the communication of the first respondent, the petitioner filed fresh application in the prescribed proforma on 11.12.1998 along with certificate from co-prisoner. The State Government duly verified the veracity of the Personal Knowledge Certificate and recommended to the Union Government for grant of freedom fighters pension by letter dated 08.02.1999.

(3.) Since the Central Government maintained a sphynx like silence, the petitioner was forced to file W.P.No.14701 of 1999 which was disposed of on 24.11.2000 giving a direction to the Central Government to consider the letter and pass orders. Accordingly, the Central Government rose from its slumber and issued the impugned communication to the petitioner pointing out "several deficiencies in the application and the particulars furnished by the petitioner." Thereafter, the present writ petition has been filed claiming the relief already indicated above. In spite of service of notice, no counter has been filed on behalf of the Central Government.