The Madras High Court has directed the Tamil Nadu Government to sanction freedom fighters pension to an 86-year-old man, from the date of his application within eight weeks.
Setting aside an order of the Dharmapuri Collector in March 2002 rejecting the claim, Justice N Paul Vasanthakumar said as petitioner H R Balaraman was aged more than 19 years on the date of imprisonment, it did not matter whether his date of birth was October 4, 1922 or October 11, 1922.
He was aged above 18 years on the date of the imprisonment.
The issue as to whether freedom fighters pension could be rejected by raising technical issues or not had been considered by a Division Bench of the High Court and the Supreme Court.
They held that the Government should take a pragmatic view and not hyper technical view to reject the claim.
The petitioner, having produced a certificate from the government-authorised certifier and completed 18 years of age when he was imprisoned, was entitled to pension, Mr Justice Vasanthakumar said.
Mr Balaraman had submitted that he participated in the Quit India Movement and suffered imprisonment in the Alipuram Camp Jail near Bellary.
He applied for the freedom fighters pension in August 2000. But it was rejected on the ground that he had not produced any clear-cut proof stating that his date of birth was October 4, 1922.
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