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1990 Supreme(Mad) 194

BAKTHAVATSALAM
S. Ponnuswamy – Appellant
Versus
Govt. of T. N – Respondent


Appearing Advocates:S. Monica, M/s Aiyar And Dolia, J.R.K. Bhavantham, Advocates.

Judgment :-

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" *

.

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 wa








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