IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 25.02.2010 CORAM : THE HONOURABLE Mrs.JUSTICE R.BANUMATHI and THE HONOURABLE Mr.JUSTICE M.M.SUNDRESH Writ Appeal No.879 of 2009 & M.P.Nos.1 of 2009 and M.P.Nos.1 & 2 of 2010 The State of Tamil Nadu rep. by its Secretary to Government, Public (Political Pension-III) Department, Fort St. George, Chennai-9. ... Appellant vs. A.K.Gopal ... Respondent Writ appeal filed under Clause 15 of the Letters Patent against the order of the learned single Judge of this Court made in W.P.No.231203 of 2007 dated 24.03.2009. For Appellant : Mr.M.Dhandapani Spl.Government Pleader(W) For Respondents : Ms.A.Karthika for Mr.J.Ashok JUDGMENT
R.BANUMATHI,J
This Writ Appeal arise out of the order of learned single Judge directing the Government to pass orders granting eligible pension to the Respondent from the date of original application i.e. 27.01.1982 in accordance with the Government Orders.
2. Case of Respondent is that he had participated in the freedom movement, especially Quit India Movement and had been imprisoned at Vellore Jail for a period of one month. After independence, the Government of India under various schemes framed for the benefit of freedom fighters has been sanctioning pension amount. According to Respondent, having undergone rigorous imprisonment for a month is eligible to freedom fighters pension under the State Government scheme. Respondent applied to Government for grant of State pension which was received by them on 30.01.1982. Along with his application, the Respondent had also enclosed Co-Prisoner’s certificate obtained from Mr.P.S.K.Lakshmipathi Raju, Ex.M.L.A. apart from enclosing the certificate issued by the members of the High-level committee for freedom fighters pension. As per the direction of the District Collector, Respondent had also obtained certificates from Shri.Ma.Po.Sivagnanam, Chairman, State Advisory Committee and Ms.Manjubhashini.
3. Earlier, Respondent filed W.P.No.2169/1997 and prayed for a direction for payment of pension. This Court by an order dated 11.12.1997 directed the Government to consider the case of Respondent liberally within a period of six months. Thereafter, Respondent made representations and the same was rejected, against which Respondent filed W.P.No.10244/2000 and by an order dated 07.03.2001, this Court directed the Respondent to produce Co-Prisoner’s certificate from anyone of two persons nominated for the purpose before the Government and directed the Government to reconsider the case of Respondent within a period of four weeks. Thereafter, Respondent made several representations and has again filed W.P.No.2229/2005. By an order dated 05.02.2007, the Bench has directed the Government to consider Respondent’s application in the light of sanction of State freedom fighters’ pension scheme and pass orders taking note of various decisions of the Court.
4. Thereafter, Government passed order dated 25.4.2007 stating that Respondent had submitted same document without enclosing any new supporting document to strengthen his request and that the request of Respondent cannot be accepted. The said order dated 25.4.2007 declining the request of Respondent was challenged in W.P.No.31203/2007.
5. Pointing out that Respondent has obtained two certificates from Shri.Ma.Po.Sivagnanam, Chairman, State Advisory Committee and from Ms.Manjubhashini certifying that Respondent served imprisonment from 01.11.1942 to 30.11.1942, learned single Judge held that Respondent being 88 years, he cannot be expected to produce new set of documents. Referring to various Government Orders, learned single Judge held that mere technicality should not stand in the way of rendering substantial justice and directed the Government to pass orders granting eligible pension to the Respondent from the date of his original application in accordance with Government Orders.
6. Heard Mr.M.Dhandapani, learned Special Government Pleader for Appellant and Ms.Karthika, learned counsel for Respondent.
7. The Respondent applied for grant of State pension on 27.01.1982 enclosing Co-Prisoners certificate obtained from Mr.P.S.K.Lakshmipathi Raju, Ex.M.L.A. The District Collector, Chennai has conducted enquiry. In his enquiry, Thiru.V.A.Manickam and Thiru.T.N.Balasubramaniam who are also receiving freedom fighters pension have stated that Respondent is a freedom fighter and that he had undergone imprisonment in Vellore Central Prison from 01.11.1942 to 30.11.1942. The District Collector, Chennai sent report enclosing statement of the said Thiru.V.A.Manickam and Thiru.T.N.Balasubramaniam.
8. Even while the application of the Respondent and report of District Collector, Chennai was under consideration, G.O.Ms.No.2015 Public (Political Pension II) Dept. dated 16.11.1988 came to be passed. Taking note of the difficulties of freedom fighters in getting documentary evidence, in the said G.O., the Government decided to accept the Co-Prisoner’s certificates of ex-legislators and Freedom Fighters. In the said G.O., the Government has stated as under:-
” ……… Government have been receiving several representations even after the last dates fixed in 1982-83 and several of them have been found to be genuine cases who could not produce official documentary evidence in proof of their claimed imprisonment. The functions relating to the 40th year of India’s Independence and the Jawarharlal Nehru’s Centenary Celebrations are being conducted during 1987-89. In view of the fact that several aged and genuine Freedom Fighters apply for the grant of State Freedom Fighters Pension even now inspite of the fact that last date is over. Government have felt the need to extend the last date and to accept the Co-Prisoner’s Certificates of ex-legislators and Freedom Fighters who’s integrity and morality is beyond question atleast to persons who are sufficiently aged, as a gesture in connection with the 40th Anniversary of India’s Independence.
2. Government accordingly direct that applications for the grant of the State Freedom Fighter’s Pension may be received for consideration from persons who are aged 70 and above as on 15.10.1988 and who produce Co-Prisoner’s Certificates from any one of the persons mentioned in the annexure to this matter.”
Government has also given list of Freedom Fighters as Annexure to G.O.Ms.No.2015 dated 16.11.1988.
9. Pursuant to the said Government Order, Respondent obtained certificates from late Shri.Ma.Po.Sivagnanam, the Chairman, State Advisory Committee dated 01.08.1994 and from Ms.Manjubhashini, Honorary General Secretary of Bala Mandir dated 22.6.1994 who are the persons listed in the Annexure to the said Government Order. Late Shri.Ma.Po.Sivagnanam, Chairman, State Advisory Committee has issued the certificate in the following words:-
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brd;id 600 001 vd;gth; njr tpLjiyg; nghhpy;
g’;Fbfhz;L (1/11/42 Kjy; 30/11/42 tiu) rpiw brd;whh; vd;gij ehd; mwpntd;/ vdnt muR jUk; khdpaj;ij bgw mth; jFjpa[ilatuhfpwhh;
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Ms.Manjubhashini, who is also one of the freedom fighter and involved in Quit India Movement in August 1942 issued the certificate in the following words:-
” I certify that Thiru.A.K.Gopal, residing at No.16, Pidarier Koil street, Madras-79 took part in “Quit India Movement” held in August 1942″.
10. Again when the Respondent’s matter was under consideration. In partial modification of G.O.Ms.No.2015 dated 16.11.1988, by letter No.53920/90-1 dated 28.08.1990, Government directed that the applications for the grant of State Freedom Fighters Pension may be received for consideration from persons who are aged 70 and above as on 15.10.88 and who produce Co-Prisoner’s Certificates from any two of the persons mentioned in the annexure to G.O.Ms.No.2015, Public (PP II) Department dated 16.11.88 indicating specifically the same period of imprisonment suffered by them in the same jail and that the General Certificate issued by these certifiers will not be taken as valid evidence for fresh sanction of State Freedom Fighters Pension.
11. Contention of learned Special Government Pleader is that the certificates filed by the Respondent obtained from Shri.Ma.Po.Sivagnanam and Ms.Manjubhashini are general certificates and as per the modified Government Order, those certificates were not be taken as valid evidence for sanction of State Freedom Fighters Pension.
12. Again in G.O.Ms.No.30 Public (Political Pension.I) Dept. dated 07.02.1996, Government modified the procedure regarding acceptance of Co-Prisoner’s certificates from the applicant for grant of State Freedom Fighters Pension. The said G.O.Ms.No.30 dated 07.02.1996 reads as under:-
“i. The Collector will form a District Screening Committee in each District consisting of Collector, as the Chairman and the District Revenue Officer as Vice Chairman. The Collector will also select a few prominent Freedom Fighters in the respective Districts to officiate as members of the District Screening Committee to examine the veracity of Co-Prisoners’ Certificates. While selecting the members, the Collector will exercise extreme caution by examining the antecedents of social and financial status of the nominees who would not be yielding to personal or pecuniar status. The members should necessarily be in receipt of Freedom Fighters’ Pension on account of their imprisonment vouched by original recorded evidences. These members should not be receiving the pension merely on the basis of other Co-Prisoners’ Certificates. It is desirable and advisable to verify if these nominees are also in receipt of Tamarapatras issued by the Government of India.
ii. The Collector of Each District should also by adopting the above mentioned stipulations nominate two other prominent Freedom Fighters as eligible certificates to issue Co-Prisoners’ Certificates.”
13. Pursuant to the said Government Order, District Level Committees were appointed. In so far as Chennai, Tmt.Meera Krishnaswamy and Mr.S.Radhakrishnan are the members. Mr.S.Arunachalam Nadar and Mr.K.V.Lakshmipathi Reddy are certifiers. We have perused the File produced by the Special Government Pleader. Stating that there are discrepancies in the certificates produced by the Respondent, Certifiers have rejected the request of Respondent as is seen from the following:-
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Based upon the rejection of the certifiers, claim of Respondent was rejected by the State Government and thereafter W.P.No.31203/2007 was filed.
14. Learned counsel for Respondent submitted that State Government has unjustly denied the request of the Respondent and applying the ratio of Gabriel’s case [1991 WLR 49], learned single Judge issued Mandamus directing the Appellant to sanction Pension and the order cannot be interfered with. In Gabriel’s case [1991 WLR 49], the Division Bench of this Court has held that Government is not to make a rowing enquiry about each and every minute details but to find out prima facie as to whether the person had participated in the freedom Movement and that technicality should not stand in the way of rendering substantial justice and Court has to adopt liberal approach.
15. Referring to Gabriel’s case [1991 WLR 49], the learned single Judge issued Mandamus directing the Government to pass orders sanctioning pension. We have no doubt in our mind that in considering the sanction of pension technicality should not stand in the way of rendering justice. But as held by the Supreme Court in Mukund Lal Bhandari’s case [AIR 1993 SC 2127], it is not possible for the Court to scrutinise the documents which the applicants produced in support of their claim. The order of the learned single Judge granting Mandamus issuing direction to the Government to pass orders sanctioning pension cannot be sustained. However, we are of the view that the case of Respondent has not been properly considered in the light of materials on record.
16. In our considered view, the documents produced by the Respondent were not properly considered by the Certifiers. The Certifiers seem to have rejected the documents produced by the Respondent on trivial grounds. Respondent being 88 years cannot be expected to produce any further documents since, he is aged and fragile. When being enquired naturally, there are bound to be certain variations, but that cannot be the reason from considering the case of Respondent. In such view of the matter, we deem it appropriate to direct the Government to re-consider the case of Respondent. Since the Certifiers have not properly appreciated the documents, we deem it fit to direct the Appellant to place the matter before the Members of District Level Screening Committee of Chennai District viz., Tmt.Meera Krishnaswamy, Mr.S.Radhakrishnan. We also take note of the fact that the Respondent has been agitating his case from the year 1982 onwards and he is in the twilight of his life. We also feel that letters given by eminent persons like Shri.Ma.Po.Sivagnanam and Ms.Manjubashini will have to be kept in mind by the District Level Screening Committee while considering the application of the Respondent as they have persuasive value.
17. In the result, letter No.11374/PP-3/2007-2 dated 25.4.2007 of Appellant is set aside. Appellant is directed to place the matter before the Members of District Level Screening Committee of Chennai District viz., Tmt.Meera Krishnaswamy, Mr.S.Radhakrishnan. The Members of Screening Committee shall sympathetically consider the case of the Respondent and in the light of the recommendation of the District Collector, Chennai District and pass orders within a period of two weeks from the date of receipt of copy of this Judgment and the Writ Appeal is disposed of. Consequently, the connected M.Ps. are closed. No costs.
(R.B.I., J.) (M.M.S., J.) 25.02.2010 Index: Yes/No Internet:Yes/No bbr Note: Issue order copy on 01.03.2010. To The Secretary to Government, Public (Political Pension-III) Department, Fort St. George, Chennai-9. R.BANUMATHI, J. and M.M.SUNDRESH,J. bbr Judgment in W.A.No.879/2009 25.02.2010