- (1.) Aggrieved by the order of the learned Single Judge dated 2.7.2002 made in W. P. No.23568/2002, Secretary to government, Public (Political Pension II) Department, State of Tamil Nadu, has filed the above appeal.
(2.) Heard the learned Government Advocate for the appellant as well as the learned counsel for the respondent.
(3.) Considering the limited issue, it is not necessary to refer all the factual details. It is seen that accepting the case of the 1st respondent herein/writ petitioner, the learned Single Judge directed the Government to pay Freedom Fighters' Pension from the date of the original application of the petitioner dated 21.2.1981 within 30 days from the date of receipt of a copy of the said order. According to the appellant, the learned Judge is not justified in granting Freedom Fighters' Pension from the date on which the application was made (21.2.1981 ). In support of the above claim, the appellant relied on the decision of the Supreme Court reported in (Gurdial Singh V. Union of India and Ors., 2002 2 LW 124). In view of the same, we verified the above decision. The following conclusion in paragraph 9 of the said judgment is relevant: "9. We are satisfied that the order of the respondent Authorities impugned before the High Court (Annexure P-14)dated 1.11.2000 is liable to be set aside and the appellant entitled to the grant of relief of pension. However, keeping in view that lapse of time and peculiar circumstances of the case, we are not inclined to grant him the pension with effect from 12.3.1973 as claimed and feel that the ends of justice would be met if the appellants is granted pension with effect from march, 1996 when he was forced to file writ Petition No.12350 of 1996. " It is clear from the above, taking note of the lapse of time and peculiar circumstances of the case, the Honourable supreme Court granted pension with effect from March, 1996 when the petitioner therein filed W. P. No.12350/1996. considering the special circumstances mentioned therein, we are of the view that the same cannot be applied to all cases as argued by the learned Government Advocate. In fact, the said issue has been considered by a learned Single Judge of this Court in the judgment reported in (Gabriel, D V. The Government of India,1991 WritLR 49) wherein the learned judge directed the authority to grant pension from the date of the application of the petitioner. It is also brought to our notice that the same has been approved by a Division bench of this Court in the judgment reported in (Thangavelu R. V. Government of India and another,1994 WritLR 137). It is further brought to our notice that the Honourable supreme Court in (Mukund Lal Bhandari V. Union of India, 1993 Supp3 SCC 2) directed the authorities to sanction Freedom fighters' Pension to the petitioner from the date on which the original application was received whether the application is filed with or without the requisite evidence.;