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2010 DIGILAW 1577 (MAD)

P. M. Pappannan @ Thottiappa Gounder v. The State of Tamil Nadu rep. by its Secretary to Government

2010-04-06

R.SUBBIAH

body2010
Judgment : This writ petition is filed under Article 226 of the Constitution of India to issuance of a writ of mandamus to direct the respondent to consider and pass order on the representations dated 29.06.2002 and 29.06.2007 and also direct the respondent to grant freedom fighters pension from 13.10.1997 instead of 21.04.1999 the date of application submitted by the petitioner. This writ petition has been filed to to direct the respondent to consider and pass orders on the representations dated 29.06.2002 and 29.06.2007 and also direct the respondent to grant freedom fighters pension from 13.10.1997 instead of 21.04.1999 the date of application submitted by the petitioner. 2. The case of the petitioner is that he was born on 15.08.1919, in the Pre Independent period. The petitioner was under imprisonment at Alipuram Camp prison, Bellary from 01.11.1942 to 15.02.1943, since he had participated in various freedom struggle agitations. He was also in the Central Prison, Vellore on 15.12.1943 and he had undergone rigorous imprisonment till 06.02.1944 and was released thereafter. In the year 1966, the State Government of Tamil Nadu promulgated "The Tamil Nadu Freedom Fighters Pension Rule". On 13.10.1997, the petitioner made an application to avail the pension from the respondent, which application was forwarded by the District Collector of Dharmapuri to the respondent, since he was a freedom fighter. After completing all the formalities, the respondent has passed an order dated 23.05.2002 sanctioning his pension with effect from 21.04.1999, though the application was submitted by the petitioner was on 13.10.1997. The delay of five years for passing the order by the respondent is only ascribed to the administrative reasons for which delay, the petitioner cannot be penalised. Hence, the petitioner has submitted representations dated 29.06.2002 and 29.06.2007 to direct the respondent to grant freedom fighters pension from 13.10.1997 instead of 21.04.1999 is the date of application submitted by the petitioner. But, no action was taken on the said representation. Hence the writ petition. 3. When the matter is taken up for consideration, the learned counsel appearing for the petitioner had produced an order of this Court passed in W.P.No.25600 of 2002, where under a direction was given to the respondent to Sanction Tamil Nadu Freedom Fighters Pension in favour of the freedom fighters therein from the date of application. Hence the writ petition. 3. When the matter is taken up for consideration, the learned counsel appearing for the petitioner had produced an order of this Court passed in W.P.No.25600 of 2002, where under a direction was given to the respondent to Sanction Tamil Nadu Freedom Fighters Pension in favour of the freedom fighters therein from the date of application. Thus the learned counsel appearing for the petitioner contended that following the said order in W.P.No.25600 of 2002, the same order could be passed in this writ petition also. 4. Heard the learned Additional Government Pleader, appearing for the respondent. 5. Considering the facts and circumstances of the case, I am of the opinion that on an appropriate direction could be given to the respondent to consider and to pass an order on the representations dated 29.06.2002 and 29.06.2007 and consequently direct the respondent to grant freedom fighters pension from 13.10.1997 instead of 21.04.1999 i.e., the date of application submitted by the petitioner. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. 5. In the above terms, this writ petition is allowed. No costs. Consequently, connected M.P. is closed.