Udaiyammai.S v. The Principal Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Udaiyammai ... Petitioner Vs 1.The Principal Secretary, Government of Tamil Nadu, Public (Political Pension - I) Department, Secretariat, Chennai - 9.

2.The District Collector, Sivagangai District, Sivagangai.

3.The Tahsildar, Manamadurai, Sivagangai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned order in O.Mu.H.2/23429/2022 dated 16.08.2022 passed by the second respondent and quash the same and consequently direct the respondents to sanction the petitioner father's freedom fighters' family pension till the petitioners life time.

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For Petitioner : Mr.S.Muthupandi For Respondents : Mr.A.K.Manickkam Special Government Pleader

ORDER

Heard the learned counsel on either side.

2.The writ petitioner's father was a freedom fighter. He had served in Indian National Army (INA). He was receiving freedom pension also. After his demise, his wife appears to have received freedom pension. But she also passed away long back. The question that calls for consideration is whether the petitioner can be granted pension. My attention has not been drawn to any provision whereby the legal heir of freedom fighter who has attained majority can also be given pension. Since the petitioner's entitlement has not been shown to exist, the order impugned in the writ petition does not call for interference.

3.This writ petition is dismissed. There shall be no order as to costs. 23.01.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA 2/4

To 1.The Principal Secretary, Government of Tamil Nadu, Public (Political Pension - I) Department, Secretariat, Chennai - 9.

2.The District Collector, Sivagangai District, Sivagangai.

3.The Tahsildar, Manamadurai, Sivagangai District.

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G.R.SWAMINATHAN, J.

MGA 23.01.2023 4/4