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2008 Supreme(Mad) 797

P.JYOTHIMANI
N. Palaniappan – Appellant
Versus
The State of Tamilnadu, rep. by Chief Secretary to Government, Fort St. George, Chennai & Another – Respondent


Advocates Appeared:
For the Petitioner:T.M. Hariharan, Advocate.
For the Respondents:Hasan Fizal, Government Advocate.

JUDGMENT :-

This writ petition is directed against the order of the second respondent dated 20.03.98, under which the second respondent has rejected the claim of the petitioner for payment of Freedom Fighters Pension as per the Pension Scheme on the basis that the Certificate issued in favour of the petitioner is general in nature and it is not a certificate issued by a co-prisoner. According to the second respondent, the petitioner has not obtained certificate from approved co-prisoner and in view of the same, the impugned order came to be passed.

2. On the face of it, it is the most unfortunate case, wherein, the second respondent instead of taking a pragmatic approach has only taken a technical stand for the purpose of denying the legitimate right of a person who has fought for the country in the freedom struggle for which there are abundant records, but taking impossible grounds.

3. The case of the petitioner is that he is aged 82 years and he has participated in the individual Satyagraha as permitted by Mahatma Gandhiji on 31.05.1941. He was arrested and lodged in Thiruvaadaanai Sub Jail from 31.05.1941 to 06.08.1941. In fact the Tamil Nadu Congress Committee has nominated him









































































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