K MARAYAMMAL Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) THE petitioner's husband applied for grant of pension on the ground that he is a freedom fighter. THE State Government, by an order dated 10.3.1967, granted pension to her husband. Her husband died on 17.4.1976. So, the petitioner applied for continuation of payment of pension and by order dated 4.10.1976, the Government of Tamil Nadu accorded sanction for the continued payment of freedom fighter's pension to the petitioner.

(2.) THE Government of India re-introduced-the freedom fighter's pension scheme under the name and style of "Swatantrata Sainik Pension Scheme, 1984" under which, the pension was payable to the freedom fighter. THE petitioner made out an application to the respondent on 23.7.1981 enclosing necessary documents and no reply was received. THE Government of Tamil Nadu also, by a letter dated 18.5.1982, recommended to the respondent that the freedom fighter's pension be granted to the petitioner. Since no order was passed, the petitioner filed a writ petition in W.P. No. 11565 of 1995 seeking to issue a writ of mandamus directing the respondent to pass orders on her application dated 23.7.1981 and grant her freedom fighter's pension payable under the said scheme. A Division Bench of this Court directed the respondent to consider the claim of the petitioner. Subsequently, the petitioner sent a detailed representation dated 2.4.1998 to the respondent enclosing all the necessary testimonials. By order dated 12.10.1998, respondent rejected the petitioner's application holding, her claim that her husband was arrested and detained by British authorities in Ipon and Kulalampur camps from September 1945 to February 1946, was only an afterthought. Aggrieved against the same, the petitioner has filed the above writ petition.

(3.) WHILE considering the relevancy of receiving freedom fighters pension from the State Government, the Division Bench in the said decision, has also held as follows: "43. Materials to be taken into account before passing orders: " The Government should also take into account the book published by them under the title "who is who" containing the name of freedom fighters and act upon the same. Equally, when once the Central Government grants the pension after satisfying themselves about the pension after satisfying themselves about the fulfillment of the conditions stipulated in the scheme, it will not be fair for the State Government to reject the claim of the State Pension. Similarly, if the State Government grants pension to a f reedom fighter, the same should be accepted by the Central Government and no further proof should be insisted upon. In other words, once either the State Government or the Central Government grants pension to a particular freedom fighter, he must automatically get the other pension either under the State or under the Central Government Scheme without any further enquiry, on the claimants satisfying the guidelines, and the Government cannot reject the claims summarily that he is not a freedom fighter at all. Further, when once Tamara Patra has been granted recognising the valuable service rendered during freedom struggle, the concerned Government should automatically grant pension without any further enquiry or poof."