Back
2010 Supreme(Mad) 3522
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE S. TAMILVANAN
R. Kannan
Versus
The Government of India, rep. by its Secretary, Ministry of Home Affairs, Freedom Fighter Division, New Delhi & Another
W.P. No. 36000 of 2005
Decided On : 18-08-2010
For the Petitioner:R.N. Amarnath, Advocate.
For the Respondents:R1 - K. Ravindranath, Advocate, R2 - Mrs. C.K. Vishnupriya, AGP.
The central legal point established in the judgment is the duty of authorities to recognize and respect the sacrifice made by freedom fighters when their status is established, and the obligation of the Government to make payments to eligible individuals under the Swatantra Sainik Samman Pension Scheme, 1980.
Headnote:
Freedom Fighter - Swatantra Sainik Samman Pension - SSS Pension Scheme, 1980 - Summary of Acts and Sections: The court discussed the Swatantra Sainik Samman Pension Scheme, 1980, and the specific eligibility conditions for granting SSS Pension to a freedom fighter. It highlighted the interpretation of the scheme's provisions, emphasizing the minimum imprisonment period required for eligibility and the acceptance of documentary evidence based on lists and books published by various State Governments and other Quasi Official Agencies. The court also emphasized the duty of authorities to recognize and respect the sacrifice made by any freedom fighter when their status is established.
Fact of the Case:
The petitioner, a freedom fighter, sought Swatantra Sainik Samman Pension (SSS Pension) based on his active participation in the freedom struggle. The court found that the petitioner had provided sufficient evidence, including an authenticated book published by the Government of Tamil Nadu, to establish his eligibility for the pension. Despite previous directions and evidence, the first respondent unreasonably rejected the petitioner's claim, leading to the filing of the writ petition.
Finding of the Court:
The court found that the first respondent's rejection of the petitioner's claim for SSS Pension was unreasonable and unjustifiable. It emphasized the duty of authorities to recognize and respect the sacrifice made by freedom fighters, especially when their status is established. The court also highlighted the obligation of the Government to make such payments on a prima facie conclusion that the person is eligible under the Scheme.
Issues: The issues involved the eligibility of the petitioner for Swatantra Sainik Samman Pension under the SSS Pension Scheme, 1980, and the unreasonable rejection of the petitioner's claim by the first respondent despite sufficient evidence and previous directions from the court.
Ratio Decidendi: The court's decision was based on the interpretation of the Swatantra Sainik Samman Pension Scheme, 1980, and the obligation of authorities to recognize and respect the sacrifice made by freedom fighters when their status is established. It emphasized that the mere technicality should not stand in the way of rendering substantial justice, especially in cases involving freedom fighters.
Final Decision: The writ petition was allowed with costs against the first respondent, and the impugned order rejecting the petitioner's claim for Swatantra Sainik Samman Pension was quashed. The first respondent was directed to grant the pension to the petitioner from the date of his representation with interest and to pay the entire amount payable to the petitioner within a specified period.
1. The writ petition is filed, seeking an order in the nature of writ of certiorarified mandamus calling for the records relating to the proceedings of the first respondent dated 03.04.2003 in No. 52/CC/TN/280/2000-FF/SZ and quash the same and also to direct the first respondent to grant Swatantra Sainik Samman Pension (herein after referred to as SSS Pension) to the petitioner.
2. Heard Mr.R.N.Amarnath, learned counsel appearing for the petitioner, Mr.K.Ravindranath, learned counsel appearing for the first respondent and Mrs.C.K.Vishnupriya, learned Additional Government Pleader appearing for the second respondent.
3. Learned counsel appearing for the petitioner submitted that having inspired by the freedom movement lead by Mahatma Gandhi, the petitioner joined the movement, at the age of 15 years. An agitation had been planned at Chidambaram, Cuddalore District against the police officials by the Indian National Congress leaders, the petitioner also participated in the agitation, in which there was a clash between police and the agitators, which resulted in causing damage to the police vehicle at the office of the Cuddalore Municipality. Subsequently, the petitioner and others were arrested and produced before a Magistrate at Cuddalore and detained in Sub-jail, Manjakuppam. On 07.08.1942 a resolution was adopted by All India Congress Committee demanding the Britishers to quit India and on 08.08.1942, Mahatma Gandhi delivered a speech, which was published in all the newspapers and the police, in order to prevent the circulation of newspapers, published with the speech of Mahatma Gandhi, police searched for the petitioner, as he was a news paper Agent and also an active member in the freedom movement. However, the petitioner went underground to continue his agitation against the Britishers.
4. Learned counsel appearing for the petitioner submitted that the petitioner had actively participated in the freedom struggle and was arrested and detained in jail on several occasions. The name of the petitioner has been printed in the book published by the Government of Tamil Nadu, under the title Whos Who of Freedom Fighters (Tamil Nadu) Volume II on 11th August 1973, which was released by the Chief Minister of Tamil Nadu in a public function. Only after conducting a thorough enquiry through a committee consisting of officers and responsible leaders who involved in the freedom struggle, the book was released by the State Government.
5. It 1973, the petitioner was awarded Thamarapatra, recognising him a freedom fighter by Government of Tamil Nadu. On 17.11.1981, the office of the Superintendent, Central Prison, Madras in L.Dis.No.16483/R2/81 issued a jail memo which reads as follows:
"It is verified from the Remand Register of this Prison for the year 1943 that one R. Kannan S/o. Ranganathan No.28, Nabbir Street, Cuddalore (N.T.) was admitted on 04.12.1943 as a Remand Prisoner (R.P. No.8799) having been remanded by the Commissioner of Police, Madras in X Crime No.1680/43 dated 04.12.1943 under Section 17(1) C.L.A. Act and Rules 38(5) and 39(6) of D.O.I. Rules and 41 C.P. Act. He was subsequently convicted and sentenced to undergo R.I. For 3 (three) months and fine of Rs.20/- in default 2 weeks S.I. on the file of III Presidency Magistrate, Egmore, Madras in C.C. No.3355/43 dated 11.12.1943".
6. In the aforesaid memo, the Jail Superintendent has specifically stated the exact date on which the petitioner was remanded to jail. He has further informed that the fact as to whether the petitioner was transferred to some other jail could not be traced out, since the convict register was pertaining to the year 1943. As per the impugned order dated 03.04.2003 passed by the first respondent, the petitioner herein was informed that the Government of Tamil Nadu vide letter No.49592/PP I/2002-1, dated 21.11.2002 had forwarded the petitioners written representation dated 21.09.2002, only with a copy of the book "Whos Who of Freedom Figh
