Freedom fighter wins legal battle for Central pension

February 27, 2014 10:13 am | Updated May 18, 2016 11:09 am IST - CHENNAI:

A 95-year-old freedom fighter has won another legal battle to get the “Swathanthratha Sainik Samman INA Pension”.

Upholding a single Judge’s order directing the Centre to sanction the pension to the freedom fighter, M.Rajagopal of Solapandi in Thanjavur district, from October 1973, the date of the State Government’s recommendation, the First Bench consisting of the Acting Chief Justice Satish K.Agnihotri and Justice K.Ravichandrabaabu observed that the petitioner’s status as an Indian National Army (INA) personnel was not disputed by the Centre.

In fact, the All India INA Committee’s certificate of October 5, 1968 issued to Mr.Rajagopal was not doubted by the Centre.

Mr.Rajagopal said he fought for the country’s freedom by joining the INA. He was arrested in August 1945. He filed a writ petition seeking Central pension. A single Judge allowed his plea.

Challenging this, the Centre filed the present appeal.

It contended that it was not automatic for it to grant pension merely because the petitioner was receiving the State pension.

The Bench said every claim for pension should be considered only under the scheme of the respective governments.

In the present case, the certificates issued by co-prisoners said the petitioner was imprisoned for six months. Therefore, the Centre’s requirement had been satisfied by the petitioner.

Further, the petitioner had been given ‘Thamarapattayam” by the Tamil Nadu government in 1973 during the silver jubilee celebrations of Indian independence.

Therefore, the question of doubt with regard to the petitioner’s status as a freedom fighter did not arise.

The Bench also added that the single Judge had rightly followed an earlier order passed by the court in a separate case under similar circumstances.

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