SEKAR REPORTER

Court News from Madras High Court

THE HON’BLE MR. JUSTICE ABDUL QUDDHOSE W.P.No.20435 of 2022 M.Valsala Mampatta        For Petitioner            : Mr.V.Ramana Reddy                                  For Respondents       : Mr.Rajesh Vivekanandan      Asst. Solicitor General      For R.1 and R.2      Mr.S.J.Mohammed Sathik      Government Advocate                For the foregoing reasons, this Court directs the fourth respondent to consider the petitioner’s representation dated 15.09.2021, seeking for sanction of monthly pension under the Freedom Fighters Pension Scheme within a period of eight weeks from the date of receipt of a copy of this order. If the petitioner is eligible for sanction of monthly pension under the Freedom Fighters Pension Scheme,  the fourth respondent is directed to recommend the case of the petitioner to the second respondent for sanction of monthly pension to the petitioner.         

by ·

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10.08.2022

CORAM:

THE HON’BLE MR. JUSTICE ABDUL QUDDHOSE

W.P.No.20435 of 2022

M.Valsala Mampatta                                       … Petitioner

 

Versus

1.Union of India

Ministry of Home Affairs

(Freedom Fighters Pension)

New Delhi,

Rep by its Secretary to Government.

2.The Under Secretary to Government of India,

Ministry of Home Affairs,

(Freedom Fighters Pension),

Jai Singh Road,

New Delhi-110 001.

  1. Government of Tamil Nadu,

Rep by its Secretary to government,

Public (P.P.III)Department,

Secretariat,

Chennai-600 009.

  1. The District Collector,

Coimbatore District,

Coimbatore-641 018                                    …..

Respondents

Petition filed under Article 226 of the Constitution of India praying to issue Writ of  Mandamus directing the respondents to sanction monthly pension to the petitioner under the Freedom Fighters Pension Scheme, based on the representation dated 15.09.2021.

For Petitioner            : Mr.V.Ramana Reddy

For Respondents       : Mr.Rajesh Vivekanandan

Asst. Solicitor General

For R.1 and R.2

Mr.S.J.Mohammed Sathik

Government Advocate

                                               For R.3 and R.4

      ORDER

This writ petition has been filed for a Mandamus seeking for a

direction to sanction monthly pension to the petitioner under the Freedom Fighters Pension Scheme, based on the representation dated 15.09.2021 within a time frame to be fixed by this Court.

  1. The petitioner claims that her father Mr.K.Narayanan Nambiar

died on 13.04.1992 and he was a freedom fighter. According to the petitioner, her father was granted pension by the Government of India under Pension Payment Order (PPO) No.29(164)72 FF II dated 17.08.1972 and by the

Government of Tamil Nadu under the Pension Payment Order (PPO) No.E.F.P.O.1500/68, dated 11.02.1968. According to the petitioner, her father died on 13.04.1992 and thereafter, her mother Mrs.M.Kalyaniamma was receiving family pension of her late father and her mother Mrs.M.Kalyaniamma also died on 15.10.1995 and thereafter, the petitioner’s father’s family pension was terminated. According to the petitioner, she lived with her husband Mr.K.P.Vijayan, but, her husband also died on 11.03.2011 leaving behind herself as his only surviving legal heir. According to the petitioner, during the life time of her husband, she was solely dependent on his income and after his demise, she has now become a destitute widow and has no income of her own. The petitioner claims that she is entitled for her mother’s family pension after the death of Mrs.M.Kalyaniamma, who died on 15.10.1995. The petitioner has given a representation dated 15.09.2021 to the respondents under Freedom Fighters Pension Scheme, seeking for sanction of monthly pension. Since the representation has not been considered till date, the petitioner has filed this writ petition.

  1. Heard Mr.V.Ramana Reddy, learned counsel for the petitioner andMr.Rajesh Vivekanandan, learned Assistant Solicitor General accepts notice on behalf of the respondents 1 and 2 and Mr.S.J.Mohamed Sathik, learned Government Advocate accepts notice on behalf of the respondents 3 and 4. By consent of both the parties, this writ petition has been taken up for final disposal at the admission stage itself.
  2. No prejudice would be caused to the respondents if the petitioner’s

representation dated 15.09.2021  is considered on merits and in accordance with law. The petitioner claims that she is a destitute widow after the death of her parents. The petitioner claims that her father died in the year 1992 and thereafter, her mother was receiving the family pension and thereafter, her mother also died on 15.10.1995 and thereafter, the family pension got terminated in the year 1995.

  1. For the foregoing reasons, this Court directs the fourth respondent

to consider the petitioner’s representation dated 15.09.2021, seeking for sanction of monthly pension under the Freedom Fighters Pension Scheme within a period of eight weeks from the date of receipt of a copy of this order. If the petitioner is eligible for sanction of monthly pension under the Freedom Fighters Pension Scheme,  the fourth respondent is directed to recommend the case of the petitioner to the second respondent for sanction of monthly pension to the petitioner.

With the aforesaid direction, the writ petition is disposed of. No costs.

10.08.2022

sr

Index: Yes/No

Speaking Order/Non-Speaking Order  

To

1.The Secretary to Government

Union of India

Ministry of Home Affairs    (Freedom Fighters Pension)    New Delhi.

2.The Under Secretary to Government of India,

Ministry of Home Affairs,

(Freedom Fighters Pension),    Jai Singh Road,

New Delhi-110 001.

ABDUL QUDDHOSE, J

sr

  1. The Secretary to government,

Government of Tamil Nadu,

Public (P.P.III)Department,

Secretariat,

Chennai-600 009.

  1. The District Collector,

Coimbatore District,

Coimbatore-641 018

W.P.No.20435 of 2022

10.08.2022

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