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Judgment
D. Hariparanthaman, J.—The Petitioner was a widow, whose husband late Maharajan Nadar was a freedom fighter. According to her, he
was incarcerated by the British authorities. He was in Tiruchendur Sub Jail from 26.08.1942 to 19.09.1942. He was transferred to Kokkirakulam
Sub Jail and he was kept there from 19.09.1942 to 14.10.1942. Again he was transferred to Srivaikundam Sub Jail and he was kept there from
14.10.1942 to 30.11.1942. Thereafter, he was transferred to Tiruchendur Sub Jail and he was kept there from 30.11.1942 to 17.03.1943. Finally
he was transferred to Tuticorin Sub Jail and he was kept there from 17.03.1943 to 23.03.1943. In these circumstances, the Petitioner claimed
dependant family pension under the ""Swatantrata Sainik Samman Pension Scheme, 1980"" of the Central Government.
The first Respondent filed counter affidavit stating that the non availability of records certificate issued by the Superintendent of Prison,
Palayamkottai was not in the prescribed format under the scheme. It is stated that a letter in the prescribed format should be given by the Tamil
Nadu Government.
Accordingly the matter was adjourned on many occasion for production of the non availability of records certificate in the proper format by the
Government of Tamil Nadu. The order dated 12.04.2011 in this regard is extracted hereunder:
The Petitioner is a widow. Her husband fought for independence of our nation. She claimed pension under SSS pension scheme of the Central
Government.
Learned Counsel appearing for the Government of India submits that if the Tamil Nadu Government issue Non Availability of Records Certificate,
the first Respondent could consider granting pension to the writ Petitioner.
The Superintendent of Central Prison, Palayamkottai in his proceedings dated 10.12.2007 issued a certificate that when the husband of the
Petitioner Thiru. Maharajan Nadar wanted certificate that he was in prison during 1942-1943 in Tiruchendur, Kokkirakulam, Srivaikundam and
Tuticorin, it was found that the jail records were not available.
In view of the same, the second Respondent is directed to issue a certificate based on the aforesaid certificate dated 10.12.2007 of the
Superintendent, Central Prison, Palayamkottai.
Ultimately, the second Respondent issued a letter dated 29.06.2011 certifying non availability of record certificate. The learned Counsel for the
first Respondent submitted that on the face of it, the letter is in a prescribed format. The said letter is also addressed to the first Respondent.
In these circumstances, the writ petition is disposed of with a direction to the first Respondent to pass appropriate orders granting dependent
family pension under ""Swatantrata Sainik Samman Pension Scheme, 1980"" at the earliest, not later than three months from today, more particularly
taking into account the aforesaid fact that the Petitioner is 79 years old and her husband was incarcerated by the British authorities and transferred
from one jail to another jail as noted above. No costs.