IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.04.2010 CORAM: THE HONOURABLE MR.JUSTICE T. RAJA W.P.No.4428 of 2004 C.V. Govindarajan, (Deceased) C.V. Namagirilakshmi. Substituted as petitioner as per order of this court dated 16.7.10 by TRJ in WP MP No.24517/04 .. Petitioner Vs. 1. State of Tamil Nadu Rep by the Secretary to Government, Public (Political Pension) Department, Secretariat, Chennai – 9. 2. District Collector, Erode District, Erode. ... Respondents Prayer: Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus, calling for the records pertaining to the order passed by the first respondent in letter No.26367/A.Oa.2/2002-1 dated 13.08.2002 and quash the same, directing the respondents to sanction Freedom Fighter Pension to the petitioner. For Petitioner : Mr. S.Kamadevan For Respondents : Mr. B. Vijay (GA) For R1 & R2. ORDER The present writ petition has been filed seeking issuance of a writ of certiorarified mandamus, calling for the records pertaining to the order passed by the first respondent in letter No.26367/A.Oa.2/2002-1 dated 13.08.2002, quash the same, and direct the respondents to sanction Freedom Fighter Pension in favour of C.V.Namagirilakshmi. 2. The petitioner's brother C.V. Govindarajan, son of C.G.Vijayaraghavan, was a Freedom Fighter. The petitioner participated in the Quit India Movement, and, subsequently, had https://hcservices.ecourts.gov.in/hcservices/ undergone rigorous imprisonment for 2 months at Central Prison, Vellore, along with P.S.K.Lakshmipathi Raju, Ex.MLA of Madurai District and Ex.President of All India Freedom Fighters Organisation, Tamil Nadu Branch. Since, the All India Freedom Fighters Organisation is maintaining a list of Freedom Fighters who had participated in the various agitations for the freedom of India, the name of the petitioner is found in Serial No.5 of the said list. 3. The Association also issued co-prisoner certificate evidencing the fact that the petitioner has also undergone rigorous imprisonment for 2 months at Central Prison, Vellore, along with P.S.K.Lakshmipathi Raju, Ex.MLA. On the basis of the co-prisoner certificated issued by the All India Freedom Fighters Organisation, the petitioner's C.V. Govindarajan, presented his application seeking for a direction for payment of pension by producing the co-prisoner certificate that the petitioner had undergone 2 months of rigorous imprisonment during the year 1944. But unfortunately, the petitioner's claim for pension was not considered. Therefore, a writ petition No.15701 of 1994 was filed before this court, and this court by an order dated 20.11.1997 directed the Government to reconsider the entire claim made by the petitioner by taking into account the earlier directions issued by this court and also taking into consideration of the materials placed by the freedom fighters. Pursuant to the direction issued by this court, the petitioner made further representation enclosing co-prisoner certificate, issued by the Ex.MLA and requesting the first respondent to sanction pension. Again the claim of the petitioner was rejected on technical grounds by an order dated 04.12.1998 without considering the scope and object of the freedom fighters pension. Thereafter, the petitioner made a representation to the Government as well as to the Hon'ble Chief Minister, Tamil Nadu to reconsider the entire issue and by bringing to the notice of the Government that one B.V.Srinivasan belonging to Bhavani, under similar circumstances, has been granted pension by the Government dated 05.02.1998. 4. Again the first respondent, passed a rejection order on 13.08.2002, rejecting the claim for sanction of freedom fighters pension on the ground of the co-prisoner certificate enclosed by the petitioner could not be accepted and, therefore, being aggrieved by the said order of rejection of the claim, the petitioner has come up with the present writ petition before this court. 5. The learned counsel appearing for the petitioner submits that the petitioner's brother C.V. Govindarajan, son of C.G.Vijayaraghavan, served for the freedom of this Nation by discontinuing his studies selflessly with a spirit to get freedom for our nation and his plight has not been properly appreciated and his true service shown to the nation has not been honoured by the Government. Though the Central Government and State Government, formulated schemes in order to help the persons, who fought for the https://hcservices.ecourts.gov.in/hcservices/ nation's cause, and subsequently, the pension schemes were implemented, it was found that due to efflux of time, the jail records were not available and the freedom fighters were not able to get those certificates in order to prove their imprisonment and sufferings. Hence, the Government further revised the guidelines permitting the freedom fighters to get the pension on production of co-prisoner's certificate or any valid acceptable certificate issued by either Ex.Member of Parliament or Ex.Member of Legislative Assembly, However, the petitioner, on the basis of the said revised pension scheme, presented application before the respondent by obtaining a co-prisoner certificate from P.S.K.Lakshmipathi Raju, Ex.MLA showing that the petitioner had undergone 2 months rigorous imprisonment during the British regime in Central Prison at Vellore, but unfortunately, the jail records were not available. Therefore, the respondent wrongly rejected the petitioners prayer for grant of pension, for the simple reason that as the Jail Authorities had failed to maintain the old records, the term of imprisonment suffered by the petitioner cannot be proved, which is totally against the scheme of pension formulated by the Central Government and the State Government. 6. Further the learned counsel for the petitioner submits that during the pendency of the writ petition, the petitioner C.V. Govindarajan passed away on 09.06.2004, and thereafter, the petitioner's own sister C.V.Namagirilakshmi has filed the legal representative application, and this court by order dated 16.04.2010, had allowed the above said legal representatives application. Therefore, the learned counsel contended that the petitioner's own sister, C.V.Namagirilakshmi, is entitled to receive the arrears of pension from the date of application made by the her brother C.V. Govindarajan, and further prayed for allowing the writ petition. 7. The learned counsel for the petitioner relied upon an unreported judgment of this court in W.P.No.17247 of 2001 dated 03.11.2003, in para 8, it is mention as follows; " In the absence of records, the entitlement of the petitioner for freedom fighter's pension should be considered only on the basis of the certificate produced by him" 8. The learned Government pleader submits that there was no record available with the respondent to show that C.V.Govindarajan had undergone 2 months rigorous imprisonment in the Central Prison at Vellore, fighting for freedom of India. However, in the instant case, the co-prisoner certificate produced by the petitioner was referred to the Superintendent, Central Jail, Vellore and it was reported that the name of C.V. Govindarajan, was not found in the available registers relating to the year 1942-44 and due to efflux of time the records were in bad shape and jail extract called for by the https://hcservices.ecourts.gov.in/hcservices/ Government were not issued. Hence, when the petitioners brother, had presented his application seeking payment of pension, it was rejected. 9. It is further submitted by the Government pleader that as the petitioner failed to furnished any valid documentary evidences proving his term of imprisonment, his further representations were also rejected and moreover, the name of the certifier P.S.K.Lakshmipathi Raju, Ex.MLA who issued the co-prisoner certificate to the petitioner was included in the black list, and therefore it is contended that the co-prisoner's certificate itself cannot be accepted on that basis, he further prayed for dismissal of the writ petition. 10. Heard the parties on either side. 11. The petitioners brother late C.V. Govindarajan, had submitted his application seeking payment of pension on the basis that he had undergone 2 months rigorous imprisonment in Central Prison at Vellore in the year 1944. Even in the counter filed by the respondent in W.P.No.15701 of 1994 before this court, at para 7 in page 4, it is mentioned that the name of the petitioner, C.V. Govindarajan, is found at page 86 of the book "who is who", and in an extract in the said book it has been noted that the petitioner, C.V. Govindarajan, took part in Anti War Movement in 1940. It is further mentioned in the earlier counter that the petitioner took part in 1942-44 Quit India Movement, and was arrested and convicted for 2 months rigorous imprisonment in Central Jail, Vellore, but the petitioner has not been able to produce any documentary proof in order to prove his term of imprisonment. Admittedly, the co-prisoner certificate, issued by P.S.K.Lakshmipathi Raju, Ex.MLA, produced by the petitioner is the only acceptable evidence proving the case of the petitioner. Therefore, all the records evidently prove the fact that it has been the consistent case of the petitioner in W.P.No.15701 of 1994, as well as the present respondent that he had undergone 2 months rigorous imprisonment in Central Jail, Vellore and that he has produced the co-prisoners certificate, when he was alive. Therefore, the petitioner has fully complied with the scheme of pension, and on that basis the claim of the petitioner cannot be rejected. Thus, the impugned order passed by the respondents being contrary to their own counter affidavit filed in the earlier W.P.No.15701/1994, by clearly stating that Late C.V.Govindarajan was arrested for taking part in 1942-1944 Quit India Movement and underwent two months imprisonment in Central Jail, Vellore, clearly proves the case of the petitioner that Late C.V.Govindarajan was an active freedom fighter and therefore, I find no justification whatsoever in the impugned order in rejecting the request of Late C.V.Govindarajan for his freedom fighter pension under the Scheme. 12. Even, by taking note of the fact that the petitioner's brother C.V. Govindarajan, had already produced the co-prisoner https://hcservices.ecourts.gov.in/hcservices/ certificate issued by the Tamil Nadu Freedom Fighters Association, this court is of the view that the petitioners legal representative is entitled to receive the arrears of pension of late C.V. Govindarajan, from the date of presenting the application namely from 13.06.1983 to 09.06.2004, the date on which C.V. Govindarajan died. The said exercise shall be done within a period of five weeks from the date of receipt of a copy of this order. Accordingly, the impugned order passed by the first respondent is set aside and the present writ petition is allowed. No costs. Sd/- Asst. Registrar. /true copy/ Sub Asst. Registrar. prm To 1. The Secretary to Government, State of Tamil Nadu Public (Political Pension) Department, Secretariat, Chennai – 9. 2. District Collector, Erode District, Erode. + 1 cc to Mr.S.Kamadevan, Advocate Sr 28102 + 1 cc to the Govt., Pleader Sr 28313 W.P.No.4428 of 2004 GG (CO) RH (2.6.10) https://hcservices.ecourts.gov.in/hcservices/