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2012 DIGILAW 4630 (MAD)

M. Nabisha v. Under Secretary to the Government Ministry of Home Affairs Freedom Fighters Division

2012-11-08

N.PAUL VASANTHAKUMAR

body2012
Judgment :- The prayer in the writ petition is to quash the order dated 9.12.2011 and direct the first respondent to pay the arrears of pension payable from the application dated 19.01.1996 given by the petitioner’s husband along with interest to the petitioner. 2. According to the petitioner, her husband K. Mohammed Musthafa, Son of Kadhar Meera was a Burma repatriate. While he was in Burma, he Joined in IIL of Indian National Army headed by Shri Nethaji Subash Chandra Bose and fought against British imperialism. The petitioner’s husband was arrested and confined in Central Prison, Rangoon from May, 1945 to December, 1945. Thereafter, he was repatriated to India and the said Mohammed Musthafa married the petitioner. After he came to India, the petitioner’s husband submitted an application dated 19.1.1996 to the first respondent for grant of Central Government Freedom Fighter (SSS) Pension. The said application was sent for verification and a reply was given on 17.5.1996 to the effect that the petitioner’s husband should produce the certificate issued by All India INA Committee and Detailed Justification for not applying before the last date, which was on 31.3.1982 and to produce Copy of the State Pension Order, if it is granted and also to produce other Identity Cards. The petitioner’s husband obtained the Certificate from All India INA Committee on 12.8.1996, which reads as follows: “ALL-INDIA I.N.A. COMMITTEE Appointed by: THE ALL-INDIAN CONGRESS COMMITTEE Ref.No.8/21/1064/EMP 82, Daryaganj New Deli-110002 12 AUG: 96 CERTIFICATE This is to certify that Shri Mohammed Mustafa was a member of the Indian National Army. He is a political sufferer and as such is entitled to all the concessions allowed to other political sufferers vide Government of India, Ministry of Home Affairs letter No.4/6/61-Ests. (C), dated 23rd May, 1961. His particulars are as under:- Father’s Name : Shri Kader Meera Indian Army Regd. No. : Member Rank Civilian : Indian Independence League, Unit : Kambe (Burma) HOME ADDRESS Village : Post Office : Taluk/Tehsil : No.7, 5th Cross Street, Korukkupettai District : Madras-600 021. Character while in the INA : Very Good (S.S. Yadava) Capt. INA, General Secretary” 3. The petitioner’s claim was found genuine and certified by Dr.(Col). Lakshmi Sahgal and the Certificate was issued on 9.1.1996 reiterated again on 21.2.2007. The State Government also sanctioned State Freedom Fighter Pension, by issuing G.O.Ms.No.14004, Public Freedom Fighter Pension Department, dated 12.3.2008. Character while in the INA : Very Good (S.S. Yadava) Capt. INA, General Secretary” 3. The petitioner’s claim was found genuine and certified by Dr.(Col). Lakshmi Sahgal and the Certificate was issued on 9.1.1996 reiterated again on 21.2.2007. The State Government also sanctioned State Freedom Fighter Pension, by issuing G.O.Ms.No.14004, Public Freedom Fighter Pension Department, dated 12.3.2008. The petitioner’s husband died on 18.2.2011 and the Death was also registered before the Government of Karnataka on 2.12.2011. The petitioner submitted a representation on 3.5.2011 as a widow of the said Freedom Fighter and prayed for sanction of S.S.S. Pension. The said request having not been considered, the petitioner filed W.P.No.13321 of 2011 and the said writ petition was disposed of on 3.6.2011 giving direction to the first respondent to dispose of the representation of the petitioner dated 3.5.2011 on merits, within a period of three months. Thereafter the impugned order was passed rejecting the request of the petitioner without even considering the INA Certificate issued by the All India INA Board and the Certificates issued by Dr. (Col). Lakshmi Sahgal on 9.1.1996 and on 21.2.2007. 4. The claim for sanction of Freedom Fighter Pension on the basis of INA Certificate was already considered by this Court in the decision reported in 1994 Writ LR 137 (R. Thangavelu vs. The Government of India, rep. by its Secretary, Ministry of Home Affairs (Freedom Fighter Division), New Delhi and another). In the said judgment, it is clearly held that if INA Certificate is produced, the Government cannot insist upon to produce any other document and in this case, the State Government also sanctioned Freedom Fighter Pension to the petitioner’s husband while he was alive. 5. The reply given by the first respondent dated 17.5.1996 Clearly states that if the petitioner produces the INA Certificate, the claim of the Freedom Fighter Pension will be considered. The non-submission of application before 31.3.1982 and any application submitted beyond the said date can be rejected on the basis of limitation, was already considered by the Division Bench of this Court in the above referred judgment and in the said judgment, it is further held that the claim of Freedom Fighter Pension cannot be rejected on the ground of delay. Further, the widow of Freedom Fighter is eligible to get Family Pension. Further, the widow of Freedom Fighter is eligible to get Family Pension. Therefore, the claim of the petitioner is that the respondents should consider her grievance based on the earlier order of this Court based on the INA Certificate and State Freedom Fighter Pension sanction order. The petitioner’s husband having died, the impugned order is set aside and the first respondent is directed to pass fresh orders in terms of the Judgment of the Division Bench above referred, within a period of three months from the date of receipt of a copy of this order. The writ petition is disposed of accordingly. No costs.