Kalaimani v. The Deputy Secretary To Government Of India
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2025
CORAM
THE HON'BLE MR.JUSTICE P.B.BALAJI Kalaimani : Petitioner Vs.
1.The Deputy Secretary to Government of India, Freedom Fighters Division, Ministry of Home Affairs, 2nd Floor, New Delhi City Centre-II, Parliament Street, New Delhi - 110 001 2.The Deputy Secretary to Government of Tamil Nadu, Public (Political Pension - 1) Department, Secretariat, Chennai, Tamil Nadu -600 009.
3.The District Collector, District Collector Office, Ramanathapuram, Ramanathapuram District, Tamil Nadu - 623 503.
4.The Assistant Treasury Officer O/o. Paramakudi Sub Treasury, T.B. Road (Highways), Liayankudi Road, Paramakudi, Ramanathapuram District - 623 707.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of 1/5
India, praying for a Writ of Mandamus, directing the respondents herein to disburse Freedom Fighter's Family Pension to the petitioner until the petitioner's death by approving the petitioner's application submitted in the year of 2015 by considering the petitioner's representation dated 24.02.2025 in accordance with law within the time stipulated by this Court.
For Petitioner : Mr.D.Balamurugapandi For R1 : Mr.K.Govindaraj Deputy Solicitor General of India For R2 to R4 : Ms.S.Jeyapriya, Government Advocate
O R D E R
I have heard Mr.D.Balamurugapandi, learned Counsel appearing for the petitioner, Mr.K.Govindaraja, learned Deputy Solicitor General of India appearing for the first respondent and Mrs.S.Jeyapriya, learned Government Advocate appearing for respondent Nos.2 to 4.
2. The petitioner seeks issuance of a Writ of Mandamus directing the respondents to consider the application / request for Freedom Fighters Family Pension to be paid to the petitioner. The petitioner has made an application even in the year 2015 based on the guidelines issued in G.O(Ms) No.99 P & A.R(A) Department, dated 21.09.2015 and G.O(Ms) No.73 P & A.R(A) Department, dated 11.06.2018. The petitioner has 2/5
given a representation as late as on 24.02.2025, seeking disbursement of the Freedom Fighters Family Pension.
3. It is seen that the second respondent has called for a report from the third respondent District Collector regarding the entitlement of the petitioner for Freedom Fighters Family Pension. The said proceedings are pending and no final order has been passed.
4. In view of the above, considering the age of the writ petitioner, the writ petition is disposed of directing the third respondent to conduct due enquiry and forward a report to the second respondent, within a period of six weeks from the date of receipt of a copy of this order. On receipt of such report from the District Collector, the second respondent shall independently consider the entitlement of the petitioner to the Freedom Fighter Family Pension and pass final orders, within a period of eight weeks thereafter. No costs.
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To 1.The Deputy Secretary to Government of India, Freedom Fighters Division, Ministry of Home Affairs, 2nd Floor, New Delhi City Centre-II, Parliament Street, New Delhi - 110 001 2.The Deputy Secretary to Government of Tamil Nadu, Public (Political Pension - 1) Department, Secretariat, Chennai, Tamil Nadu -600 009.
3.The District Collector, District Collector Office, Ramanathapuram, Ramanathapuram District, Tamil Nadu - 623 503.
4.The Assistant Treasury Officer O/o. Paramakudi Sub Treasury, T.B. Road (Highways), Liayankudi Road, Paramakudi, Ramanathapuram District - 623 707.
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P.B.BALAJI.
, J.
am 29.04.2025 5/5