The Union government appealed before the Madurai Bench of the Madras High Court on Friday against an earlier order of a single bench directing the sanction of pension under Swatantra Sainik Samman Pension Scheme.
Hearing the appeal, a division bench of Justices M. Venugopal and Abdul Quddhose directed notice to the respondent.
The appeal said that the respondent, M. Nallathambi, was not eligible to avail himself of pension benefits under the central scheme. The very purpose of the scheme would be defeated if such a payment was made to the respondent who was not legally qualified, it said.
Nallathambi’s daughter N. Selvi was impleaded in the case after the death of the respondent. Nallathambi had claimed that he had been a part of the Quit India Movement and was lodged in the Neyyattinkara Jail for his participation in the freedom struggle.
The Central government, in its appeal, said that the respondent had failed to produce primary evidence like jail certificate, copy of imprisonment or detention certificate from the jail authorities in support of his claim. The only certificates that were produced by him were from his co-prisoners, which, however, were not in the prescribed format. The respondent had also not furnished the Non Availability of Records Certificate (NARC), which is issued by the State government.
Another petition was filed on Friday seeking sanction of pension under the Swatantrata Sainik Samman Pension Scheme.
The petitioner, M. Kalarani, said that her father late Muthiservai, a freedom fighter, had approached the Central government for the consideration of his representation for sanction of pension. He had produced necessary documents to support his claim. However, no action had been taken in this regard, she said.
Justice R. Mahadevan, hearing the petition, directed notice to the Union government.
