S.Sugunan v. Under Secretary To The Government,
THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 27.09.2019
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.10692 of 2019 S.Sugunan ... Petitioner Vs.
1. Under Secretary to the Government Government of India (FFD) Ministry of Home Affairs Lok Nayak Bhavan, New Delhi - 110003.
2. The Joint Secretary to Government Government of Tamil Nadu (Public General Pension) George Fort, Chennai - 9.
3. The District Collector, Cuddalore - 1.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the first respondent to consider the petitioner's application, dated 11.03.1982 for grant of Freedom Fighter Pension (SSS) to the petitioner.
For Petitioner :Mr.S.Gajendran For Respondents :Mr.G.Karthikeyan Assistant Solicitor General of India[R1] Mr.J.Ramesh Additional Government Pleader [R2 & R3]
O R D E R
The relief sought for in the present writ petition is to direct the first respondent to consider the application submitted by the writ petitioner on 11.03.1982, for grant of Freedom Fighter Pension (SSS) to the petitioner.
2. The petitioner states that his father was died on 24.05.2014 and he was a Freedom Fighter for the period from 1945-1946. The father of the petitioner was imprisoned in Calcutta Central Prison and the Co-prisoner, K.Selvaraj issued the certificate. He was one of the soldiers of Indian National Army.
3. The learned Additional Government Pleader appearing on behalf of the State Government made a submission that the case of the writ petitioner was recommended by the State Government for grant of Freedom Fighter Pension before the first respondent, however, the first respondent has not taken any decision in this regard.
4. In view of the fact that the case of the writ petitioner was already recommended by the State Government, the application of the writ petitioner is to be considered in accordance with the terms and conditions of the scheme of Freedom Fighter Pensions, if the writ petitioner is otherwise eligible.
5. This being the factum, the first respondent is directed to consider the application submitted by the writ petitioner on 11.03.1982, for grant of Freedom Fighter Pension (SSS) within a period of four months from the date of receipt of a copy of this order. The writ petitioner is directed to enclose the copy of the application and all other relevant documents along with the orders passed in the present writ petition.
6. With these directions, the writ petition stands disposed of. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To
1. Under Secretary to the Government Government of India (FFD) Ministry of Home Affairs Lok Nayak Bhavan, New Delhi - 110003.
2. The Joint Secretary to Government Government of Tamil Nadu (Public General Pension) George Fort, Chennai - 9.
3. The District Collector, Cuddalore - 1.
+2ccs to Mr.R.Balakrishnan, Advocate Sr.83298 +1cc to the Government Pleader Sr.83968 W.P.No.10692 of 2019 nrl[co] srg 07/11/2019