Judgment :- 1. The prayer in the writ petition is to quash the orders dated 21.09.1979, 11.03.1983 and 13.06.2000 and direct the respondents to sanction the Swathanthratha Sainik Samman INA Pension to the petitioner with effect from 24.10.1972 with interest at the rate of 12% per annum, within a time frame. 2. The petitioner, aged about 93 years is a freedom fighter, who fought for the freedom of our Nation by joining the Indian National Army(INA) headed by Nethaji Subash Chandra Bose. The petitioner was born in August 1919. The petitioner was attached to the rear head quarters after the training in the Indian Independence League at Rangoon, Burma and served as Sepoy and designated as Auto Mechanic to repair the Army vehicles and deputed to work in the provisional Government of India at Singapore. The petitioner was arrested by the British in August, 1945 and kept in selattor camp prison for six months and released in 1946. The petitioner claims that V.Krishnasamy and K.Muthusamy who were co-prisoners along with him, have given affidavit to the effect that the petitioner was in bidadary detention camp from 15th August 1945 to 28th February 1946. The petitioner applied for State freedom fighters pension based on the INA certificate issued. The District Collector, Thanjavur District after holding enquiry found that the petitioner is a genuine freedom fighter and submitted his recommendation to the State Government on 06.12.1969. Based on the said recommendation, the Government of Tamil Nadu sanctioned the Freedom Fighters Pension to the petitioner in F.F.P.O.No.4798/69 dated 31.12.1969 with effect from 12.10.1968 The petitioner is getting the State Government Pension from 12.10.1968 onwards. During the Silver Jubilee celebration of Indian independence in the year 1973, the Government of Tamil Nadu issued "Thamarapattayam" in recognition of his service rendered to the Nation as a Freedom fighter. 3. The petitioner also applied for Central Government Pension under Central Government Pension Scheme which was also recommended by the Deputy Secretary to Government, Public (General P IV) Department, Government of Tamil Nadu through is memorandum 71055/73-2 dated 20.10.1973. The second respondent in his letter referred the application of the petitioner dated 24.10.1972 and informed that the petitioner has produced acceptable evidence of sufferings regarding his imprisonment. The second respondent in his letter referred the application of the petitioner dated 24.10.1972 and informed that the petitioner has produced acceptable evidence of sufferings regarding his imprisonment. After satisfying with his detention and co-prisoners's certificate, the State Government issued Freedom Fighters pension and the Central Government is also bound to accept the same, as the petitioner has produced the original certificate issued by the All India INA Committee which is one of the proof required for proving as freedom fighter as INA person. The All India I.N.A. Committee issued a certificate on 05.10.1968 stating that the petitioner was a member of the Indian Independence Leage, a body working side by side with the I.N.A under the direction and control of the Provisional Government of free India, headed by Nethaji Subhas Chandra Bose and as such he is a political sufferer. It is also stated that his character while in I.N.A. was very good. The petitioner applied for Central Government freedom fighters pension and it has been repeatedly rejected by saying the reason that the petitioner has not proved six month's imprisonment and hence the same cannot be granted. Therefore, at this fag end of his life, the petitioner has come before this Court with the relief stated supra. 4. When the matter was posted for admission on 22.08.2012, learned Central Government Standing counsel appearing for the respondents was directed to take notice and get instructions. 5. The matter was adjourned from time to time i.e. 04.09.2012, 12.09.2012, 24.09.2012, 26.09.2012 and 27.09.2012 and even today, learned counsel for the respondents is seeking only further time and she is not in a position to justify the order passed, based on the records available. 6. Learned counsel for the petitioner submitted that the matter in issue as raised in this writ petition is as to whether the Central Government can reject the Swatgantratha Sainik Samman Pension to an ex-INA, after being sanctioned by the State Government Freedom Fighters pension, was considered by this Court in W.P.No.49212 of 2006 by order dated 05.07.2010 and the said order was passed, based on the judgment of the Division Bench reported in 1994 W.L.R. 137 (R.Thangavelu v.Government of India and another) as well as the judgment of the Hon'ble Supreme Court reported in AIR 1990 SC 746 (R.Narayanan v.Union of India). Learned counsel for the petitioner further submitted that the said order was not appealed and the said order was also implemented. Therefore, similar order may be passed in this writ petition also. 7. Learned Standing counsel for the respondents was not able to make any counter argument on the order passed by this Court in W.P.No.49212 of 2006 by order dated 05.07.2010 which is already implemented. 8. In the said Judgment, the issue was answered as follows: "..... 6. The very same issue was considered by the Division Bench of this Court in 1994 W.L.R. 137 (cited supra) and in para 38 it is held as follows: "38.Production of Documentary evidence:-As regards the production of documentary evidence like imprisonment/detention certificate from the concerned Jail authorities/District Magistrates/or the State Governments, the Government should adopt a pragmatic approach instead of being hyper technical. It is common knowledge that on account of long passage of time,the freedom fighters may not be in a position to produce the aforesaid certificates. In fact, the Government is also aware of the difficulties in insisting on the production of such certificates. It is, therefore, the Scheme itself provided for acceptance of co-prisoner's certificate and INA Board's recommendation. Therefore, once a certificate from a co-prisoner or INA Board is produced and if the Government is satisfied about the genuineness of the same it will no be necessary to insist on jail records/Court records or Government records. In such cases, it will be but fair that the concerned Government should act on the co-prisoner's certificate if it is genuine and found to be reliable." 7.In para 50 of the said judgment it is further held as follows: "50.......It is common knowledge that on account of the long passage of time, freedom fighters may not be in a position to produce the certificates asked for. The scheme itself provides for acceptance of co-prisoner's certificate and INA Board's recommendation..... The learned counsel for the petitioner submitted that the said order of Division Bench has become final and it is implemented by the respondents. 8. The petitioner has proved that he was in jail, through a co-prisoner's certificate issued by one, M.M.Muthu Thevar, who was admittedly imprisoned from May 1945 to April 1946, that is for a period of one year. Hence, the reason stated in this regard that imprisonment for less than one year by the certifier, cannot be sustained. 8. The petitioner has proved that he was in jail, through a co-prisoner's certificate issued by one, M.M.Muthu Thevar, who was admittedly imprisoned from May 1945 to April 1946, that is for a period of one year. Hence, the reason stated in this regard that imprisonment for less than one year by the certifier, cannot be sustained. Further the State Government and the District Collector have also verified the documents regarding the claim of the petitioner and found that the petitioner is a genuine freedom fighter and the State Government has already sanctioned Freedom Fighter Pension, though on a different scheme. 9. In the light of the sanction of freedom fighters pension by the State Government and the recommendation made by the State Government and other documents to show the genuineness of the petitioner's claim, the impugned order passed by the first respondent on the above three grounds cannot be sustained. The Honourable Supreme Court right from 1990 in the judgment reported in AIR 1990 SC 746 (R.Narayanan v.Union of India) held that overall facts shall be considered while considering the grant of Freedom Fighters Pension under Swathantrata Sainik Samman Pension Scheme. Insofar as the delay in submitting the application, the petitioner can be granted pension from the date of the application and not prior to the said date. The said issue concluded in the judgment cited supra. 10. In view of the above order of the Division Bench, the impugned order is set aside. The first respondent is directed to accept the INA certificate issued by the All India INA Committee as well as take note of the recommendation made by the State Government and pass necessary orders sanctioning Central Freedom Fighters Pension to the petitioner from the date recommendations made by the State Government i.e. from 11.5.2005 on or before 15.08.2010, the 63rd anniversary of Indian Independence Day." 9. Following the said Judgment, the impugned orders are set aside and the respondents are directed to sanction Swathantratha Sainik Samman Pension to the petitioner from the date of recommendations made by the State Government i.e. 20.10.1973. Necessary order is directed to be passed by the respondents within a period of four weeks from the date of receipt of copy of this order. The writ petition is allowed with above directions. No costs.