The Central Government Scheme independently decides the eligibility for Freedom Fighters Pension, and the grant of pension by the State Government does not automatically entitle the Central Government pension.

1. The petitioner prays that issuance of writ in the nature of certiorari, to quash the order dated 21.09.2005, declining the request of the petitioner for grant of Freedom Fighter Pension.

2. The impugned order reads as under:

F.No.29/19/2005-FF(INA)

Government of India/Bharat Sarkar Ministry of Home Affairs/Girih Mantralaya

LokNayak Bhavan, Khan Market New Delhi-110 003

Dated September, 2005 To

ShriS.N.Mohamed Anifa

S/o Nagoor Meera

No.1, 6th Street, Bharathi Nagar

Korukkupettai, Chennai-21

Subject: Swatantrata Sainik Samman (SSS) Pension Scheme, 1980-reg.

Sir,

I am directed to refer to Government of Tamil Nadu's Letter No.50217/PP.1/2004-1, dated 22.11.2004 forwarding therewith your application dated NIL on the subject noted above and to say that your case has been examined keeping in view the State Government's aforesaid letter, the provisions of the SSS Pension Scheme, 1980 and the documents submitted by you in support of your jail suffering from May 1945 to November 1945 in Rangoon Central Jail for participating in the INA movement.

3. Under the SSS Pension Scheme, 1980 any person who claims jail suffering of 6 months or more is eligible for grant of pension on production of the following evidence.

(a) Primary evidence: Imprisonment/detention certificate from the concerned jail authority, District Magistrate or the State Government indicating the period of sentence awarded, date of admission, date of release, fact of the case and reasons for release.

(b) Secondary evidence:- In case official records of the relevant period are not available, the secondary evidence in the form of 2 co-prisoner certificates (CPC) from Central Freedom Fighter Pensioners who have proven jail suffering of minimum 1 year and who were with the applicant in the same jail could be considered provided the State Government/Union Territory Administration concerned, after due verification of the claim and its genuineness, certify that documentary evidences from official records in support of the claimed sufferings were not available. In case the certifier happens to be a sitting of Ex-MP/MLA, only one certificate in place of two is required. In the case of persons belonging to INA category, only on ECPC is required.

4. After examination of the case on the basis of available records, it is found that your are not eligible for grant of SSS pension due to the following shortcomings:-

(i) You have failed to produce acceptable primary documentary evidence to establish your jail sufferings by producing a copy of jail certificate from the concerned jail authority, District Magistrate or the State Government, indicating the period of detention/sentence awarded, etc.

(ii) The CPC from Shri M. Duraisamy submitted by you as secondary evidence in the absence of contemporary evidence is not acceptable for the reason mentioned below:

Shri M.Duraisamy, the certifier, has mentioned in the certificate that he himself suffered imprisonment for a period of about 8 months. Only freedom fithers receiving Central Samman Pension who have proven jail suffering of year or more are eligible to issue a co-prisoner certificate. Since Shri M.Duraisamy himself has suffered imprisonment for less than 1 year, he is not an eligible certifier. Therefore, you do not fulfill the eligibility and evidentiary requirements of the Scheme.

4.) It is clarified that the Freedom Fighters Pension Schemes operated by the State Government and the Central Government are two separate and different Schemes having different eligibility criteria. Grant of pension by the State Government does not ipso facto entitle a freedom fighter to Samman pension under the SSS Pension Scheme from Central Revenue.

5.) In view of the above shortcomings, it is regretted that it is not possible to accept your claim for the grant of SSS Pension from Central Revenue, since it does not meet the eligibility and evidentiary requirements of the Swatantrata Sainik Samman Pension Scheme, 1980. Hence, your