G.Mahalakshmi v. The Government Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on : 03.08.2023 Pronounced on : 15.09.2023 CORAM : JUSTICE N.SESHASAYEE and WMP.No.14154 of 2020 1.G.Mahalakshmi 2.G.Meena ...
Petitioners Vs.
1.The Government of India Rep by the Secretary Ministry of Home Affairs Freedom Fighters Division (FFD) Loknayak Bhavan, New Delhi - 100 011.
2.The Deputy Secretary Government of India Ministry of Home Affairs (FFR Division) II Floor, New Delhi City Centre-II Parliament Street New Delhi - 110 001.
3.The Secretary to Government Public (Political Pension-1) Department Secretariat, Chennai - 600 009.
4.The District Collector Madurai District Madurai.
...
Respondents 1/10
PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records pertaining to order dated 17.12.2012 passed by the second respondent rejecting petitioner's claim of SSS Family Pension as per SSS Pension Scheme 1980 and quash the same, and direct the second respondent to sanction Freedom Fighters' pension to the petitioners' deceased father S.Gopal from the date of his application dated 16.12.1982 with arrears accruing thereof with applicable rate of interest and to sanction family pension to the petitioner's mother Tmt.Chellam @ Chellammal as widow of deceased freedom fighter S.Gopal from the date of death of her husband i.e., 12.10.2000 to till her death i.e., 04.05.
2004 with arrears accruing thereof with applicable rate of interest and to sanction family pension to the petitioners as they are the unmarried and unemployed daughters of the deceased freedom fighter S.Gopal from the date of death of their mother Tmt.Chellam @ Chellammal i.e., 04.05.2004 with arrears accruing thereof with applicable rate of interest and to pass orders. For Petitioners : Mr.S.Pushpakaran For Respondents : Mr.N.Ramesh Senior Standing Counsel for R1 & R2 Mr.S.J.
ORDER
1. The petitioners herein claim SSS Family pension on the ground that the petitioners' father was a freedom fighter. This is rejected by the second respondent vide impugned proceedings dated 17.12.2012.
2. The case of the petitioners is that:
a) Father of the petitioners was certain Gopal. He participated in the freedom struggle, and between 28.03.1942 and 21.12.1943, he was forced to remain underground, supporting the cause of our freedom. b) Years rolled by, and on the occasion of the silver jubilee of our independence, a Central scheme for the grant of pension to the freedom fighters was introduced. This scheme was later renamed as Swatantra Sainik Samman Pension, 1980.
c) The petitioner's father first made an application for pension in 1982, but till his death on 21.10.2000, the 3rd respondent was essentially seen returning his application to the 4th respondent, on one pretext or the other.
d) Earlier, the petitioner's mother one Chellammal, had moved this Court 3/10
with an identical relief in W.P.No.38194 of 2002, and she died during the pendency of the petition. On 07.07.2006, this Court disposed of the matter, granting liberty to the legal heirs of the deceased Chellammal, the petitioners herein, to approach the authorities with a fresh representation.
e) Thereafter, the petitioners had approached the authority concerned with a representation, but the same did not evoke any response till 2010. Hence, the petitioners have filed a second writ petition in W.P.No.8722 of 2011. In its order dated 17.07.2020, the learned Single Judge of this Court has recorded that the petitioners were refused pension in view of a communication dated 17.12.2012 issued by the Ministry of Home Affairs, Government of India. Since the petitioners expressed their intent to challenge the very communication, this Court gave them an opportunity and disposed of the petition.
3. Now, in this proceeding, the very communication of the Ministry of Home Affairs, Government of India, dated 17.12.2012 is under challenge. However, at the time when this petition was filed, 2012, communication of 4/10
Ministry of Home Affairs, was replaced by 23.02.2017 notification of Ministry of Home Affairs has come into force. Both sides placed their arguments on the basis of the 2017 notification.
4. The learned counsel for the petitioners would submit that they are eligible for claiming pension under Clause 1.5 of the Notification, dated 23.02.2017. The learned counsel also relied on paragraph 4 of the judgement of this Court in W.P.No.20389 of 2020, dated 01.07.2021, and Clause 5 of the guidelines for disbursement of pension to freedom fighters.
5. Citing Clause 1.5 of the guidelines for disbursement of pension to freedom fighters, the learned counsel for the respondent submitted that "no pension can be sanctioned in the name of the freedom fighter after his or her demise, and added that even the petitioners' father was not granted any pension". It was also argued that contrary to the contention now made, petitioners' father had not made any representation for pension as a freedom fighter, and that the petitioners have not produced any document to show that it was actually received by the respondent. 5/10
6.1 On 23.02.2017, the Ministry of Home Affairs, FFR Division had come up with a notification regarding disbursement of pension to freedom fighters. The relevant clauses pressed into service before this Court are Clauses 1.5 and 5. They read:
"1.5 Sanction of pension after the death of Freedom Fighter : No pension shall be sanctioned in the name of the freedom fighter after his/her death even if his/her matter was under examination. This also entails that no Life time arrears or dependent pension shall be sanctioned to his/her spouse/daughter after the death of the freedom fighter.
5. Sanctioning of dependent pension to spouse or daughters of Freedom Fighter:- Dependent Pension shall be sanctioned to the spouse or unmarried daughters only if their names were appearing in the original application form submitted by the freedom fighter or the sanction letter issued by the Ministry. If the Freedom Fighter marries or has a daughter, either own or adopted, after the sanction of the pension , then family pension to such spouse or daughter shall not be admissible."
6.2 A combined reading of Clause 1.5 and 5 of the notification dated 23.02.2017, make the following aspects evident : 6/10
(a) for the heirs of a freedom fighter to obtain family pension, the freedom fighter should have been granted family pension in the first place, and that he should have mentioned the names of his dependants in his application, or in the nomination;
(b)that if a freedom fighter dies even while his application is under consideration, then he will not be entitled to any family pension.
7. The issue before this Court falls squarely within the bounds of what are herein above stated. Even as per the case of the petitioners, their father had not been granted any pension till his demise, and that it was not even in active consideration, because twice the 3rd respondent did not accept one of the certificates of the freedom fighters which the petitioner's father had enclosed with his application. So the case of the petitioner fails even before it crossed the first stage. To compound it, the petitioners were not seen to have been shown as his heirs and that they are eligible for family pension.
8. The decision to grant family pension, and regulating it falls within the realm of the policy decision of the Government. Going by the clauses 7/10
relevant for the current purposes which the parties rely on, it can be said that the only circumstance when the petitioners as daughters of a freedom fighter may be entitled to claim family pension is, only when the freedom fighter himself was a recipient of pension. It makes clear that pending consideration of any application seeking freedom fighter's pension, if the applicant dies, his heirs will not be entitled to any pension.
9. In the end, this Court does not find any merit in the petitioners' claim and hence, this petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.
15.09.2023 Index : Yes / No Internet : Yes / No Speaking order / Non-speaking order ds 8/10
To:
1.The Government of India Rep by the Secretary Ministry of Home Affairs Freedom Fighters Division (FFD) Loknayak Bhavan, New Delhi - 100 011.
2.The Deputy Secretary Government of India Ministry of Home Affairs (FFR Division) II Floor, New Delhi City Centre-II Parliament Street New Delhi - 110 001.
3.The Secretary to Government Public (Political Pension-1) Department Secretariat, Chennai - 600 009.
4.The District Collector Madurai District Madurai.
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N.SESHASAYEE.J., ds Pre-delivery order in 15.09.2023 10/10