Release pension to ward of freedom fighter: High Court
20/10/2019 , Staff Reporter, Madurai
The Bench of Madras High Court directed the Central government to release pension to the daughter of a freedom fighter.
The court was hearing an appeal filed by the Centre against a single bench order that had directed release of pension to N. Selvi, daughter of M. Nallathambi, a freedom fighter who died in 2010.
The Centre had rejected the application of Nallathambi on two grounds.
The applicant had not submitted any primary evidence to prove his imprisonment during the freedom struggle. He had only submitted a co-prisoner certificate as proof.
The certificate was rejected as it was not in the prescribed format.
A Division Bench of Justices T.S. Sivagnanam and R. Tharani observed that rejecting a co-prisoner certificate because it was not in the approved format was wholly unreasonable and arbitrary.
The court took cognisance of the fact that five freedom fighters had certified the co-prisoner certificate and all of them were receiving pension under the scheme.
The co-prisoner certificate was the same set of documents that was produced by Nallathambi to the State government for granting freedom fighter pension.
The certificate had already been tested and proved to be valid.
“There is sufficient proof to show jail suffering,” the court said and dismissed the appeal.
20/10/2019 , Staff Reporter, Madurai
The Bench of Madras High Court directed the Central government to release pension to the daughter of a freedom fighter.
The court was hearing an appeal filed by the Centre against a single bench order that had directed release of pension to N. Selvi, daughter of M. Nallathambi, a freedom fighter who died in 2010.
The Centre had rejected the application of Nallathambi on two grounds.
The applicant had not submitted any primary evidence to prove his imprisonment during the freedom struggle. He had only submitted a co-prisoner certificate as proof.
The certificate was rejected as it was not in the prescribed format.
A Division Bench of Justices T.S. Sivagnanam and R. Tharani observed that rejecting a co-prisoner certificate because it was not in the approved format was wholly unreasonable and arbitrary.
The court took cognisance of the fact that five freedom fighters had certified the co-prisoner certificate and all of them were receiving pension under the scheme.
The co-prisoner certificate was the same set of documents that was produced by Nallathambi to the State government for granting freedom fighter pension.
The certificate had already been tested and proved to be valid.
“There is sufficient proof to show jail suffering,” the court said and dismissed the appeal.
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