RM AMBALAM Vs. UNION OF INDIA

JUDGEMENT

(1.) AGGRIEVED by the order of the first respondent-Union of India dated 12. 1. 2000 conveying their inability to accede to the request of the petitioner for grant of SSS Pension, the petitioner has filed W. P. No. 6669 of 2000 for quashing the said order and for consequential direction to the first respondent to admit him to the Freedom Fighters pension of Union of India. The very same petitioner challenges the order of the third respondent-Joint secretary to Government, Public (Political Pension II) Department, State of Tamil Nadu dated 3. 2. 1998, rejecting his request for state pension in W. P. No. 6670 of 2000.

(2.) IT is the case of the petitioner that he was actively involved in the Freedom Struggle ever since 1937. He participated in all the programmes and activities of the then Congress High Command. On 18. 8. 1942,he participated in the demonstration and picketing before the Sub Magistrate s Court, Tiruvaadaanai. He was arrested and beaten by by the police. He was kept in the lock-up without any enquiry nearly 30 days. Thereafter, he continued to participate in the freedom struggle. Warrant was issued and award offered for his arrest. He went underground from September, 1942 to August, 1943 and continued in the freedom struggle. Warrant was issued and award offered for his arrest. He went underground from September, 1942 to August, 1943 and continued in the freedom struggle. On 28. 8. 72, he applied to the respondents for being admitted to the freedom Fighters Pension Scheme of the Union of India and the State of Tamil nadu. He enclosed certificate dated 20. 5. 85 from Yeganathan, Freedom Fighter, certifying that he took part in 1942 Freedom Movement at Devakottai certificate dated 5. 6. 92 issued by R. N. Dhinamani, certifying that he participated in the Quit India Movement and certificate dated 16. 1. 1990 issued by the Inspector of Police, Thiruvaadaanai, certifying that the copy of the arrest Warrant issued against him is not available as the records were destroyed due to efflux of time. He also forwarded certificate dated 5. 2. 99 issued by G. Ganesan Servai @ Gandhi Servai, certifying that he remained underground from September, 1942 to August, 1943. Further, without considering those relevant materials, he received a letter of the third respondent dated