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Judgment
P.D. Dinakaran, J.—By proceedings dated 25.2.1984, the first Respondent rejected the claim of the Petitioner under the Swatantrata Sainik
Samman Central Pension Scheme, 1980 on the ground that the Petitioner had not produced any acceptable documentary evidence relating to his
imprisonment from the official records and that he had not mentioned precise month and year of the claimed imprisonment.
Again by proceedings dated 23.7.1990, the second Respondent rejected the claim of the Petitioner for Freedom Fighters Pension stating that he
has not produced an acceptable documentary evidence relating to the imprisonment from the official records. Hence, the Petitioner seeks the issue
of a Writ of Certiorarified Mandamus calling for the records of the third Respondent relating to his proceedings in Na. Ka. No. I3/O
Mu/37917/89 dated 23.7.1990 and the proceedings of the first Respondent in No. l29/97/84/FF/(S.2) dated 25.2.1984 and quash the same and
direct the Respondents to grant Freedom Fighters Pension to the Petitioner.
Admittedly, the Petitioner filed a certificate issued by the co-prisoner, namely, Sri P. Kakkan, Ex. Minister for Home, which reads as follows:
P. Kakkan 11, 1st Main Road Ex. Minister for Home, West C.I.T. Nagar Govt, of Tamil Nadu Madras - 600 035.
Ex.T. NCC President.
Dated: 9.10.1981.
This is to certify that Thiru V.K. Malaichamy, son of Thiru. V. Kurusamy, residing at Periapuliampatti, Aruppukottai, Ramand District, is well
known to me for a number of years.
He took part in the freedom struggle and was imprisoned in the years, 1939, 1940 and 1942. According to the Bengal Prevention Detention Act
of 1942, he had been put in Jails of Vellore, Tanjore and Tiruchi totalling three years. Further, he was along with me in Alipuram Jail as Prisoner
during 9.9.1942 to 25.12.1942.
He is a true freedom fighter and he is suffering a lot in his last years. He deserves sympathy and help from the State.
sd/-
(P. Kakkan)
/True Copy/
Nowhere in the counter filed by the Respondents 1 and 2, it is stated that the signature of Sri. P. Kakkan found in the certificate itself is forged.
But the claim of the Petitioner that he was along with Sri P. Kakkan as mentioned in the letter dated 9.10.1981 was found to be inserted
subsequently. However, it is not clear whether the insertion of the said sentence was made by Sri P. Kakkan himself or by the Petitioner at his
instance Sri. P. Kakkan. In any event, assuming that the said sentence is liable to be eschewed, the first limb of the certificate, that the Petitioner
took part in the freedom struggle and he was imprisoned in the years 1939, 1940 and 1942 and he had been put in Jails of Vellore, Tanjore and
Tiruchi totalling three years is not disputed. Similarly, the certificate issued by P. Kakkan that the Petitioner was a true freedom fighter and he was
suffering a lot in his last years and deserved sympathy and help from the State was also not disputed by the Respondents 1 and 2.
Even though the Learned Senior Counsel for the Central Government contends that the Government proposes to withdraw the scheme in view
of the increase in fake claims for Freedom Fighters Pension. I do not think it is not necessary to go into that aspect at this stage except to observe
that it may not be proper to ignore the claim of one genuine and bona fide freedom fighter for Freedom Fighters Pension, who has sacrificed not
only his personal life but also that of his family for the Freedom of this Great Country, even assuming, there are 99 fake claims, which could be
scanned and rejected.
Under such circumstances, I do not find any justification to reject the very claim merely on the ground that there is an insertion in the certificate
issued by Sri. P. Kakkan as referred to above.
Taking note of the spirit and substance of the certificate issued by the co-prisoner Sri P. Kakkan particularly when there is no averment in the
counter affidavit filed by Respondents 1 and 2 disbelieving the certificate as a whole, I am obliged to quash both the proceedings, namely, No.
I3/0/ Mu/37917/89 dated 23.7.1990 by the third Respondent and No. l29/97/84/FF(S.2) dated 25.2.1984 by the first Respondent with a
direction to give the benefits of the scheme to the Petitioner, who are legal heirs of V.K. Malaichamy (deceased) freedom fighter, within three
months from the date of receipt of a copy of this order.
Writ petition is allowed. Consequently, WMP. No. 10543 of 1992 is closed. No costs.