Madras High CourtWP/28515/2017disposed of

E.V.Narayanasamy, v. The Govt. Of India

2017-11-08Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.11.2017

CORAM

THE HONOURABLE MR.JUSTICE RAVICHANDRABAABU W.P.No.28515 of 2017 E.V.Narayanasamy ..Petitioner vs.

1. The Government of India, Rep. by its Secretary, Ministry of Home Affairs, North Block, Cabinet Secretariat, Raisina Hill, New delhi - 110 001

2. The Government of Tamil Nadu, Rep. by its Secretary, Public Department, Secretariat, Fort St.George, Chennai - 600 009.

3. The District Collector, Vellore Collectorate, Vellore - 632 009.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the 1st respondent to grant the Swatantrata Sainik Samman Pension (Central Freedom Fighters Pension) to the petitioner within a time frame.

For Petitioner : Mr.D.Baskar For Respondents : Mr.T.V.Krishnamachari, Standing Counsel for R1 Mr.A.Kumar, Special Government Pleader for R2&R3.

O R D E R

Mr.T.V.Krishnamachari, learned Standing Counsel takes notice for the first respondent. Mr.A.Kumar, learned Special Government Pleader takes notice for the second and third respondents. https://hcservices.ecourts.gov.in/hcservices/

2. The petitioner, aged about 94 years, seeks for a mandamus to direct the first respondent to grant Swatantrata Sainik Samman Pension (Central Freedom Fighters Pension) to the petitioner within the time frame.

3. It is seen that the petitioner, a freedom fighter, is already receiving the freedom fighter pension from the State Government from the year 2009. The petitioner also sought for pension from the Central Government under the Swatantrata Sainik Samman Pension (Central Freedom Fighters Pension) Scheme and such request was also recommended by the third respondent to the second respondent on 07.08.2017. Therefore, it is for the first respondent to consider the request of the petitioner without loss of further time by taking note of the fact that the petitioner is now aged 94 years and that he cannot be allowed to wait for a long time to receive such pension.

4. Accordingly, the first respondent is directed to consider the claim of the petitioner for the grant of Swatantrata Sainik Samman Pension (Central Freedom Fighters Pension) and pass necessary orders within a period of six weeks from the date of receipt of a copy of this order. Accordingly, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vsi To

1. The Secretary to Government, Ministry of Home Affairs, North Block, cabinet secretariat, Raisina Hill, New delhi - 110 001

2. The Secretary to Government, Public Department, Secretariat, Fort St.George, Chennai - 600 009.

3. The District Collector, Vellore Collectorate, Vellore - 632 009.

+ 1 cc to Mr.D. Baskar, Advocate SR.79723 + 1 cc to Government Pleader Sr.79065 + 1 cc to Mr. T.V. Krishnamachari, Advocate Sr.79065 W.P.No.28515 of 2017 KS(CO) EU(22/11/2017) https://hcservices.ecourts.gov.in/hcservices/