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Madras High CourtWP(MD)/10791/2017closed

M.Kaliyan, S/O.Muthan, v. The Government Of India,

2017-10-23Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.10791 of 2017 M.Kaliyan .. Petitioner Vs.

1. The Government of India, rep.by its Secretary, Ministry of Home Affairs (Freedom Fighters Division), Lok Nayak Bhawan, New Delhi 110 003.

2. The Under Secretary, Ministry of Home Affairs (Freedom Fighters Division), Lok Nayak Bhawan, New Delhi 110 003.

3. The Secretary, Government of Tamil Nadu, Public (Political Pension I) Department, Fort.St George, Chennai - 600 009.

4. The District Collector, Sivagangai,Sivagangai.

.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 2 & 3 to grant pension under Central Government Freedom Fighters Pension Scheme i.e. SWATANTRATA SAINIK SAMMAN PENSION SCHEME, 1980 to the petitioner herein by considering the application dated 21.10.2014.

For Petitioner : Mr.AL.Kannan For Respondents 1 & 2 : Mr.S.Jeyasingh, Central Government Standing Counsel For Respondents 3 & 4 : Mr.T.S.Mohammed Mohideen Additional Government Pleader

ORDER

This writ petition is filed seeking to direct the second and third respondents to grant pension under Central Government Freedom Fighters Pension Scheme,1980 to the petitioner by considering the application dated 21.10.2014.

2.The learned counsel appearing for the petitioner would submit that the petitioner is the freedom fighter and participated in Quit India Movement, for which he had been punished with one year imprisonment, from March 1943 to March 1944. Being a freedom fighter, the petitioner applied for pension under Central Government https://hcservices.ecourts.gov.in/hcservices/

Freedom Fighters Pension Scheme, 1980 with all relevant documents in the year 2011. The petitioner earlier filed WP(MD).No.14875 of 2013, wherein this Court by order dated 05.09.2014, directed the petitioner to submit a fresh application to the District Collector and directed the third respondent to forward it to the second respondent therein, if it was in order. Therefore, the petitioner on 21.10.2014 submitted fresh application with all necessary documents, which followed by several reminders. However, all his efforts for getting the pension ended in vain. Therefore, the petitioner is before this Court, seeking direction to the respondents to grant pension to the petitioner.

3.The learned Additional Government pleader would submit that on the basis of the claim made by the petitioner, now the District Collector, Sivagangai, has communicated that the materials related to the claim of the petitioner would be forwarded to the concerned authority i.e. the second respondent on or before 31.10.2017. 4.Recording such submission this Writ petition is closed, enabling the second respondent to take appropriate action within a period of six weeks from the date of receipt of the claim forwarded by the fourth respondent. No costs.

Sd/- Assistant Registrar (T&P) /True Copy/ Sub Assistant Registrar To

1. The Secretary, Ministry of Home Affairs (Freedom Fighters Division), Lok Nayak Bhawan, New Delhi 110 003.

2. The Under Secretary, Ministry of Home Affairs (Freedom Fighters Division), Lok Nayak Bhawan, New Delhi 110 003.

3. The Secretary, Government of Tamil Nadu, Public (Political Pension I) Department, Fort.St George, Chennai - 600 009.

4. The District Collector, Sivagangai, Sivagangai.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 83302 + 1 CC TO Mr.AL.KANNAN, ADVOCATE IN SR No. 83475 DSK TE/RSK/SAR-II : 30/10/2017 : 2P/7C ORDER MADE IN W.P(MD)No.10791 of 2017 23.10.2017 https://hcservices.ecourts.gov.in/hcservices/