JUDGMENT :

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records relating to the impugned order, dated 21.08.2006 vide No. 29/9/2006-FF(INA) of the first respondent and to quash the same as illegal, unconstitutional, unsustainable unfair, unjust, not proper, inequality, contra to said scheme of Swatrantra Sainik Samman Pension, 1980, consequently, to direct the first respondent to sanction Family Freedom Fighter Monthly Pension to the petitioner as a widow of deceased husband, M.Muthaiya by authoring respondents 3 and 4 to grant and disburse the same to her from the month of her application, ie., from July 2004 with admitted dearness allowance till her life time in her Account No.1854101008858, Canara Bank, Anna Nagar Branch, Thanjavur District, Tamil Nadu – 613 006/9th respondent.

1. This Writ Petition has been filed in the nature of a Certiorarified Mandamus seeking interference with an order of the first respondent/Under Secretary (INA) of the Union of India, Ministry of Home Affairs, Freedom Fighters Revenue Division (FFR), New Delhi, dated 21.08.2006 in No.29/9/2006-FF(INA) and to direct sanction of Family Freedom Fighters Monthly pension to the petitioner recognising the status of her husband, M.Muthaiya, a member of the Indian National Army, as a freedom fighter.

2. In the affidavit filed in support of the Writ Petition, the Writ Petitioner, M.Sornam, wife of M.Muthaiya and resident of Anna Nagar in Thanjavur District, stated that her late husband had served in the Indian National Army Section at Head Quarters Azad Hind Workers League (Burma), Rangoon and actively participated in the Indian Freedom struggle through the Azad Hind Street Workers League, Head Quarters (Burma), which was led by late lamented Nethaji Subhas Chandrabose. He was also issued a certificate. He was arrested while retreating with members of Indian National Army from Myikyina Front in Burma at Pegu, Burma and kept under detention in Pegu Detention Camp from May 1945 to end of July 1945 and thereafter, transferred to Rangoon Central Jail and incarcerated from August 1945 to till April 1946.

3. The petitioner stated that her husband was given Indian National Army registration No.92062 and his rank was Civilian/Sepoy. One of the co-prisoners, S.Raju, who was also a member of Indian National Army had suffered imprisonment from August 1945 to December 1945 had issued a certificate certifying to the detention of the husband of the petitioner.

4. The petitioner further stated that her husband was recognised by the State of Tamil Nadu for getting State Freedom Fighters pension and an order No.9571 was issued on 16.02.1981. During his life time, he had given representations on 03.02.1987 and on 05.06.1987 seeking Swatrantra Sainik Samman Pension. He unfortunately died on 09.07.1991.

5. Though the State Family Freedom Fighters pension scheme was extended to the petitioner by the seventh respondent/District Collector, Thanjvur, the petitioner had applied for Swatrantra Sainik Samman Pension scheme in April 2004 to the sixth respondent. She was informed that she must submit an application in a prescribed format through the seventh respondent/District Collector, Thanjavur. The petitioner claimed that the seventh respondent/District Collector, Thanjavur, had recommended her application for grant of Family Freedom Fighters pension under Swatrantra Sainik Samman Pension scheme. She then applied to the sixth respondent/Deputy Secretary, Public (Political Pension-III) Department, State of Tamil Nadu in July 2004. Her application was forwarded to the first respondent on 17.10.2005. This was rejected by the first respondent on 21.08.2006 necessitating filing of the present Writ Petition.

6. She claimed that the reasons given for rejection, namely, that she had not given acceptable evidence to substantiate that her husband suffered imprisonment and that she had not given valid Non Av