L.Nirmala v. The Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.11.2025
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN W.P.No.45694 of 2025 L.Nirmala .. Petitioner vs 1.The Union of India, 2.The Under Secretary (Policy), 3.The Under Secretary to Government of India, 4.The Branch Manager, 5.The Branch Manager, .. Respondents 1/6
W.P.No.45700 of 2025 L.Nirmala .. Petitioner vs 1.The Under Secretary to Government of India, Freedom Fighter Division, SZ Section, 2.The Branch Manager, 3.The Branch Manager, .. Respondents Prayer in W.P.No.45694 of 2025: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorari to call for the records on the file of the second respondent and quash the impugned clause 5.2.5 of revised guidelines i.e., "Widowed/divorced daughter is not eligible for samman pension" issued under the revised policy guidelines of SSS (Swatantrata Sainik Samman) Yojana under reference No.45/03/2014-FF(P) vide letter dated 06.08.2014 issued by the Under Secretary (Policy), Ministry of Home Affairs, Freedom Fighter Division, INA Section, the second respondent herein as illegal and not in accordance with law.
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Prayer in W.P.No.45700 of 2025: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorarified mandamus to call for the records on the file of the first respondent in Ref. No.52/TN/06/2025/FF/INA (C.F.No.3750409) dated 22.09.2025 and quash the same as illegal and not in accordance with law and consequently direct the first respondent to grant the eligible pension to the petitioner in an expeditious manner.
For Petitioner :
Mr.R.Sivaraman in both WPs For Respondents :
Mr.R.Rajesh Vivekananthan, Deputy Solicitor General for R1 to R3 in both WPs COMMON ORDER Heard Mr.R.Sivaraman and Mr.R.Rajesh Vivekananthan, Deputy Solicitor General for the parties.
2. Mr.Rajesh Vivekananthan points out that the issue raised in the present writ petitions is covered by a judgment of this Court in Thillai Lokanathan vs. Under Secretary, Ministry of Home Affairs, Freedom Fighters and Rehabilitation Division, New 3/6
Delhi (W.P.No.29353 of 2025 dated 22.10.2025). In terms of the said judgment, these writ petitions are allowed.
3. The first respondent shall forward the papers of the petitioner to the State of Tamil Nadu. The State of Tamil Nadu in terms of the direction given by the Union of India, shall cause an enquiry as regards alleged indigent circumstances of the petitioner and shall submit a report to the Union of India as per the Swatantrata Sainik Samman Yojana Pension Scheme. If the report of the State of Tamil Nadu points out to the indigent circumstances of the petitioner, the first respondent shall pass appropriate orders on the pension papers.
There shall be no order as to costs.
27.11.2025 Index:Yes/No mmi To 1.The Union of India, 4/6
2.The Under Secretary (Policy), 3.The Under Secretary to Government of India, 4.The Branch Manager, 5.The Branch Manager, 5/6
V. LAKSHMINARAYANAN,J.
mmi W.P. No.45694 and 45700 of 2025 27.11.2025 6/6