4.A Single Bench of this Court while considering the case of the respondent/writ petitioner in W.P.No.17403/2009, has taken into consideration the relevant provisions especially Clause 9(b) of the Scheme, and after taking into consideration the certificates issued by Tvl. A.B.Nagier and A.M.Lakshmanan, and also another certificate issued by Thiru Gangadhara Parasuram, stating that he has undergone actual imprisonment for more than five years during the freedom struggle and was lodged in various jails, and yet another certificate issued by Dr. T.Kannan, another Freedom Fighter, who was also imprisoned for more than five years, has found that note to Clause 9 could not be given such a restricted meaning, particularly, when a person, who remained underground, could migrate from one area to another area, in order to evade arrest and has given a positive direction to the respondent/appellant herein to consider the review application in the light of the positive observation made in the writ petition, and pass appropriate orders within a stipulated time. Subsequently, the respondent/appellant herein granted the relief of pension only from the date of order in the earlier writ petition viz. 4.8.2010. Aggrieved by the same, the respondent/writ petitioner filed the present writ petition seeking payment of arrears of Freedom Fighters' Pension under the Scheme, from the date of review application and the learned Single Judge after taking into consideration the order of this Court made in the earlier writ petition, directed the respondent/appellant herein to pay the arrears https://hcservices.ecourts.gov.in/hcservices/ from the date of review application within a stipulated time and hence this appeal.
