ORDER

Substitution allowed.

Leave granted. We have heard learned counsel on both sides.

2. This appeal by special leave arises from the judgment of the High Court of Madras, made on 3.1.1996 in Writ Petition No. 11957/94. The High Court, on appreciation of evidence, has observed in paragraph 9 of the judgment as under :

"I have carefully considered the submissions of learned counsel for the petitioner and the respondents. Admittedly, the petitioner was sanctioned freedom fighters pension by the State Government. Five prominent Freedom Fighters have given certificates who were eligible to give such certificates under the very scheme and nothing is stated to discredit these certificates. In view of the certificates produced by the petitioner though the records for the relevant period of 1942-43 were not available since they were destroyed, the certificates given by the prominent freedom fighters are to be accepted. Added to this, the claim of the petitioner also finds place in the book published by the Government of Tamil Nadu and it further supports the claim of the petitioner that he suffered imprisonment for a period of two months in Alipuram Jail. The report of the Collector of Madur