- (1.) THE above writ appeal is directed against the order of the learned single Judge dated 13. 03. 2002 made in W. P. No. 11206 of 2001, in and by which the learned Judge accepted the case of the petitioner, and directed the Central Government to sanction Swatantrata Sainik Samman Pension (in short "sss Pension") from the date of her application, viz. , 01. 06. 1999.
(2.) THE Deputy Secretary to Government of India, Ministry of Home Affairs, New Delhi, is the appellant herein. The writ petitioner/first respondent herein, approached this Court challenging the letter of the Government of India dated 06. 09. 2000 declining to sanction SSS Pension to her. According to the writ petitioner, her husband, Late Ramiah Mudaliar was a Freedom Fighter. He was charged by the British Government during 1942-1943 for participating in the freedom movement and detention order was passed against him, but he evaded arrest on the advice of the leaders and remaind in the underground for a year. He also participated in the Quit-India Movement and again remaind in the underground for a year. After the death of her husband, the petitioner approached the second respondent for SSS Pension with the available records. She also made an application for pension on 27. 04. 1997 and 12. 05. 1998. Her application was returned by the appellant herein on 18. 06. 1998, seeking certain clarifications. Then, she applied to the Chief Judicial Magistrate, Madurai for getting certified copies of some documents from the said Court. But, her application was returned stating that they were not available. Later, with the available documents and certificate obtained from one Mayandi Bharathi, a Freedom Fighter, she submitted her application on 01. 06. 1999. She also applied to Archives Department, Chennai for the past records pertaining to 1942-1943, but she was informed that the records were in damaged condition and hence the particulars could not be furnished. Ultimately, the Government of India, informed by letter dated 05. 11. 1999 that her request cannot be considered. Thereafter, she obtained Xerox copy of the relevant pages of the book "madurai District Martyrs Souvenir", which has the reference as to the participation of her husband in the freedom movement and submitted the same to the State Government. The State Government, in their proceedings dated 11. 08. 2000, recommended the case of the petitioner for grant of SSS Pension to the appellant herein. However, the appellant, Government of India, by proceedings dated 06. 09. 2000, after finding that the writ petitioner is not eligible for SSS Pension, rejected her case. Hence, the writ petition.
(3.) ON behalf of Government of India, the Under Secretary, Ministry of Home Affairs, filed a counter affidavit disputing various averments made by the petitioner. It is stated that inasmuch as the petitioner has applied for SSS Pension without required documents, viz. , eligibility letter/proceedings, they have no other option, except to reject her claim.;