T.L.Parthasarathy(Deceased) v. The Union Of India, Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.10.2025
CORAM:
THE HONOURABLE MR. JUSTICE M.DHANDAPANI and M.P No.1 of 2014 1.T.L.Parthasarathy (deceased) 2.L.P.Karthik 3.L.P.Bhavani 4.L.P.Parivallal 5.L.P.Vijayakumar 6.L.P.Bama .....Petitioners (P2 to P6 were substituted as LRs of P1 T.L.Parthasarathy as per order dated 27.07.2018 in WMP No.22158/2018) Vs 1.The Union of India Rep. By The Deputy Secretary to Government Freedom Fighter's Division Ministry of Home Affairs 2nd Floor, New Delhi City Centre-II Parliament Street New Delhi-110 001 2.The State of Tamilnadu Rep.by The Secretary to Government Public (Political Pension-3) Department Fort St. George Chennai-600 009.
3.The District Collector Tiruvallur District
Tiruvallur.
.....Respondents PRAYER: This writ petition is filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings dated 08.02.2014 on the file of the 1st respondent herein, quash the same and consequently direct the respondents herein to sanction freedom fighter pension to the petitioner herein. For Petitioner : Mr.K.Govi Ganesan For R2 & R3 : Mrs.S.Anitha Special Government Pleader For R1 : No Appearance
O R D E R
This writ petition has been filed, challenging the impugned proceedings dated 08.02.2014 on the file of the 1st respondent herein and consequently direct the respondents herein to sanction freedom fighter pension to the petitioner herein.
2. The case of the petitioner is that the petitioner is a freedom fighter during the year 1940 to 1943. He took active participation in the freedom movement and underwent lot of physical and mental sufferings for the freedom of our country. A scheme was introduced both by the Central Government and the State Government with the object of providing grant of pension to living freedom fighters and their families and to the families of the martyrs. In order to avail the
benefit, the petitioner applied to the Government of India on 27.09.2012 to sanction freedom fighter pension along with the required documents. The said representation was forwarded to the State Government by the Central Government on 12.10.2012 and thereafter, again it was forwarded to the 3rd respondent. The 3rd respondent called for a report from the subordinate officials. However, the 3rd respondent after conducting enquiry rejected the petitioner's request on 18.06.2013. Hence the petitioner filed a writ petition in W.P No.27798 of 2013 before this Court and this Court, by an order dated 11.11.2013 set aside the impugned order and remitted the matter again to the 1st respondent for fresh consideration. However, the 1st respondent subsequently rejected the petitioner's claim on 08.02.2014. Challenging the same, the present writ petition has been filed.
3. During the pendency of the writ petition, the original petitioner passed away and his legal heirs were impleaded. The legal heirs of the original petitioner have not established before this Court with regard to the entitlement of the legal heirs to receive the freedom fighter's pension, and no provision exists granting such entitlement to the legal heirs of a deceased freedom fighter. Therefore, even if the writ petition is allowed, there is no provision enabling the
legal heirs to claim the freedom fighter's pension. M.DHANDAPANI, J.
uma
4. In view of the above, this writ petition stands dismissed as abated. No costs. Consequently,connected miscellaneous petition is closed. 31.10.2025 Index : Yes/No : Yes/No Speaking/non-speaking order uma To The Deputy Secretary to Government Freedom Fighter's Division Ministry of Home Affairs 2nd Floor, New Delhi City Centre-II Parliament Street New Delhi-110 001 2.The Secretary to Government Public (Political Pension-3) Department Fort St. George Chennai-600 009.
3.The District Collector Tiruvallur District Tiruvallur.
& M.P No.1 of 2014