Madurai,Oct3: The Madurai Bench of the Madras High Court today upheld the rejection of "Mozhi Por tyagi" (Tamil language martyr) Pension, for a petitioner, based on the recommendation of the High power committee which held that remaining in prison for just one day was not sufficient and cannot be said to be suffering within the meaning of the Act for grant of pension.
Justice K.Chandru pointed out that that one factor for sanctioning the pension was the nature of suffering either by way of suffering or otherwise undergone by the applicant.
Only if the Government was satisfied about the eligibility of the person, it could consider sanction of pension grant or scholarship. The government had also constituted a high power committee (HPC) and it had decided that those who were convicted and imprisoned in various jails for more than 14 days alone shall be considered for sanction of pension.
The Petitioner had not denied the averment that he was in jail only for one day, though in the "type set" it had been shown that he was in jail for a month as an Undertrial.
Though it was argued that HPC could not lay down guidelines by prescribing a minmum number of days of conviction and imprisonment, the said issue was not relevant in this case. If the petitioner felt that he was put to suffering it was for him to convince the government about it by placing material facts. He suggested that the petitioner, T.Mahadevan, could give fresh application, and set out the circumstances for grant of pension, he said. - Agencies