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2010 DIGILAW 3474 (MAD)

B. Natesa Nadar @ Nataraja Nadar v. Union of India Rep. by Secretary to Government, Ministry of Home Affairs

2010-08-12

K.B.K.VASUKI

body2010
Judgment :- On consent, this writ petition is taken up for final hearing. 2. The writ petition is filed to quash the proceedings of the third respondent in Dy.No.3460/80-EZ-TT, dated 11.12.1980 and to consequently direct the respondents/Ministry of Home Affairs, Union of India, Freedom Fighters’ Division to sanction Swatantrata Sainik Saman pension to the petitioner in the light of the pension granted by the State Government under State Government Freedom Fighters’ pension scheme and upon the recommendations made by the State Government. 3. The main grievance of the petitioner herein that the petitioner aged 88 years during 2009 is the freedom fighter and he has been duly sanctioned freedom fighters’ pension by the State Government and when he applied for freedom fighters’ pension to the Central Government, his application is by order dated 11.12.1980 not considered on the ground that the petitioner has to apply in the prescribed form through the State Government together with necessary documents and the order dated 11.12.1980 passed by the third respondent is challenged during 2009 in this writ petition. 4. In the course of argument, the learned counsel for the respondents/Ministry of Home Affairs, Freedom Fighters’ Division would draw the attention of this Court that the petitioner has to apply for the freedom fighters’ pension in the prescribed form along with supportive documents through the State Government and in the event of one such application received by the respondent office, the same will be duly considered. It is fairly conceded by the learned counsel for the petitioner that the application already sent by the petitioner is not in the prescribed form. The learned counsel for the petitioner would further request this Court to permit him to make new application in the prescribed form with further direction issued to the respondents to duly consider and to dispose it of as expeditiously as possible. This Court finds much bonafide in such contention raised on the side of the petitioner. 5. In the result, the petitioner is directed to send to the appropriate authority among the respondents 1 to 3, his new application for pension in the prescribed form along with supportive documents, including the recommendation of the State Government and the application shall be sent through the State Government within two weeks from the date of receipt of copy of this order. The appropriate authority among the respondents 1 to 3 is directed to duly consider the same in the light of the particulars furnished therein and the documents enclosed particularly the recommendation of the State Government, if any in this regard and also in the light of the fact that the petitioner has been sanctioned freedom fighters’ pension by the State Government and the appropriate authority shall dispose of the application within four weeks from the date of receipt of the same. 6. With this observation, the writ petition is disposed of. No costs.