The principles of natural justice require that an opportunity of hearing be given before rejecting an application for Freedom Fighters' Pension.

The prayer in the writ petition is as follows :-

"..... The petitioner herein prays that this Hon'ble Court may be pleased to issue a writ of certiorarified mandamus or any other appropriate writ, order or direction of like nature by calling for the records on the files of the respondent especially the order bearing No. .85/518/88-1 dated 10-2-1989 and quash the same and direct the respondent to pay the freedom fighter pension from the day the petitioner applied for the same within a reasonable period and pass such further or other order as this Hon'ble Court may deem fit and proper and render justice" *

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2. Petitioner was residing in Penang in Malaysia. During 1937, he joined the Indian National Army as Sepoy recruited by Netaji Subash Chandra Bose and he belonged to 2/9th Guerilla Regiment with Regd. No. 63595. He suffered imprisonment from 15-8-1946 up to the end of February, 1947. Along with him, one Ponnusamy was also imprisoned and he is a recipient of State Pension. The petitioner had applied for pension under the Freedom Fighters, Pension Rules, 1968, but it was rejected by the respondent on the ground that the pension cannot be granted to the petitioner as he was residing outside Tamil Nadu. The petitioner returned to India and is permanently residing in Ramanathapuram District. The petitioner has been making repeated representations to the Government for the grant of Freedom Fighters' Pension. On 2-12-1987 a communication was addressed to the Collector of Ramanathapuram to enquire and report whether the petitioner joined Indian National Army and suffered imprisonment. The petitioner furnished necessary documents to show that he was in the Indian National Army and was imprisoned during 1946-47. The petitioner also produced a co-prisoner's certificate. Since no reply was received, the petitioner made a representation on 30-1-1988. On 10-2-1989 the impugned order has been passed by the respondent rejecting the petitioner's claim for Freedom Fighters' Pension on the ground that his service in the Indian National Army has not been established beyond doubt. Hence the petitioner has come forward with this petition stating that when his earlier application for the grant of pension was rejected, the only reason given was that the petitioner was residing outside Tamil Nadu and now a different reason is given in the impugned order for rejecting the petitioner's request for the grant of pension. According to the petitioner, his right to get pension cannot be rejected arbitrarily.

3. Notice of motion was ordered by me on 28-7-1989. Learned Additional Government Pleader has entered appearance on behalf of the respondent.

4. Learned counsel appearing for the petitioner states that the reason given by the respondent in the impugned order is far from satisfactory and it is wholly unsustainable. According to the learned counsel, the impugned, order has been passed without affording any opportunity to the petitioner to prove with necessary documents that he is eligible for the grant of Freedom Fighters' Pension.

5. Mr. J. R..K. Bhavanandham, learned Addl., Govt., Pleader, though admits that the impugned order has been passed without any notice to the petitioner, he says that the grant of pension is discretionary and as such no notice is necessary in such a case.

6. I have considered the arguments of learned counsel on both sides. The Tamil Nadu Freedom Fighters' Pension is governed by the rules called "Tamil Nadu Freedom Fighters' Pension Rules" framed under G. O. Ms. No. 2064, Public (General C). Department, 28-9-1966. These Rules have come into effect from 1-10-1966. Under Rule 10., applications for the grant of pension under these rules should be sent to the Chief Secretary to Government, Public Department along with certificates obtained from the Jail Department as proof' for having been sentenced to imprisonment or held under detention for not less than 3 weeks. Under Rule 11, the Government may cause such enquiries as deem