A.Parvathi Senior Citizen v. The Under Secretary To Government Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.06.2025
CORAM:
THE HONOURABLE MRS.JUSTICE N.MALA A. Parvathi ... Petitioner Vs.
1. The Under Secretary to Government of India, Ministry of Home Affairs, Freedom Fighters Divisions, 2nd floor, NDCC - II building, Jai singh road, New Delhi - 110 003.
2. The Senior Accounts Officer, Pay & Account Office (Pension & Misc), Ministry of Home Affairs, Ground Floor, Jeevan Vihar Building, Parliament street, New Delhi 110 011.
3. The Principal Chief Controller of Accounts, Pay & Account Office (Pension & Misc), Rear Block, Ground floor, Jeevan Vihar Building, 3, Sansad Marg, New Delhi - 110 001.
4. Central Pension Accounting Officer, Trikoot II Complex, Bhikaji Cama Palace, (Behind Hotel Hyatt Regency) New Delhi - 110 066. ... Respondents
PRAYER : Writ Petition filed under Article 226 of Constitution of India, to issue Writ of Mandamus to direct the 1st respondent to consider the petitioner's representation dated 10.03.2025 and provide arrears from the date of application dated 27.02.1982 along with interest of 12% per annum. For Petitioner : Mr.V.Nandagopalan For Respondents : Mr.R.Rajesh Vivekanandan Deputy Solicitor General of India
O R D E R
This writ petition is filed for issuance of a Writ of Mandamus to direct the 1st respondent to consider the petitioner's representation dated 10.03.2025 and to provide arrears from the date of application dated 27.02.1982, along with interest of 12% per annum.
2. With the consent of both side counsels the main writ petition is taken up for disposal.
3. The petitioner states that her husband, S.Annamalai INA, had applied for Swatantrata Sainik Samman Pension Scheme on 27.02.1982 and the same was acknowledged by the first respondent on 11.05.1999. After a long battle, the petitioner obtained the pension from the State. The petitioner submits that
she had filed W.P.No.11254 of 2017, to consider the representation for the Central Government Freedom Fighter Pension and the same was ordered on 18.12.2017. The first respondent communicated an impugned order which was challenged by the petitioner in W.P.No.15025 of 2018. The impugned order was quashed in the said writ petition with direction to pass fresh orders. Thereafter, the first respondent passed similar impugned order on 03.11.2023, which the petitioner again challenged in W.P.No.308 of 2024. On 12.06.2024, the impugned order of the first respondent was again set aside with a direction to consider the grant of pension to the petitioner, within two weeks. As the respondents failed to comply with the said order, the petitioner filed Cont.P.No.
3971 of 2024, and finally the respondents complied with the order by depositing the pension. Thereafter, as pension was not paid from the date of application, the petitioner submitted a representation to the respondents on 10.03.2025 for the arrears of pension from the date of application. As no action was taken on the petitioner's representation, the petitioner filed the above writ petition for the aforesaid relief.
4. The learned counsel for the petitioner prayed that it would suffice, if this Court directs the first respondent to consider the petitioner's representation
dated 10.03.2025, on merits and pass orders within a time frame to be fixed by this Court.
5. The learned Deputy Solicitor General of India prayed for reasonable time to dispose the representation.
6. Heard the learned counsel on either side and perused the materials available on record.
7. Taking into consideration the facts and circumstances of the case and the limited relief sought by the learned counsel for the petitioner, this Court directs the first respondent, to consider the petitioner's representation dated 10.03.2025, and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a web copy of this order.
8. With the above direction, the writ petition is disposed of. No costs. 06.06.2025 dpq
Index : Yes /No Speaking Order : Yes/No To
1. The Under Secretary to Government of India, Ministry of Home Affairs, Freedom Fighters Divisions, 2nd floor, NDCC - II building, Jai singh road, New Delhi - 110 003.
2. The Senior Accounts Officer, Pay & Account Office (Pension & Misc), Ministry of Home Affairs, Ground Floor, Jeevan Vihar Building, Parliament street, New Delhi 110 011.
3. The Principal Chief Controller of Accounts, Pay & Account Office (Pension & Misc), Rear Block, Ground floor, Jeevan Vihar Building, 3, Sansad Marg, New Delhi - 110 001.
4. Central Pension Accounting Officer, Trikoot II Complex, Bhikaji Cama Palace, (Behind Hotel Hyatt Regency) New Delhi - 110 066.
N. MALA, J.
dpq
06.06.2025