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2020 DIGILAW 1643 (MAD)

S. Kaja Mohideen v. Under Secretary, Government of India, Home Affairs, Freedom Fighter Pension Section, Khan Market, New Delhi

2020-09-23

P.D.AUDIKESAVALU

body2020
JUDGMENT : (Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First Respondent to grant dependent freedom fighter pension payable by Central Government to the Petitioner pursuant to the representation of the Petitioner dated 24.08.2018 within the stipulated time prescribed by this Court.) (through video conference) Heard Mr. T.Muruganantham, Learned Counsel for the Petitioner, Mr. G.Karthikeyan, Learned Assistant Solicitor General of India appearing for the First Respondent and Mr. D.Sathyaraj, Learned Special Government Pleader appearing for the Second and Third Respondents and perused the materials placed on record, apart from the pleadings of the parties. 2. The Writ Petition has been filed for a direction to the the First Respondent to grant Dependant Freedom Fighter Pension payable by the Central Government to the Petitioner pursuant to the representation dated 24.08.2018 made by the Petitioner. 3. It is represented by the Learned Assistant Solicitor General of India appearing for the First Respondent that neither the Swatantrata Sainik Samman Pension Scheme, 1980 (hereinafter referred to as the -Scheme- for short) nor any other Scheme of the Central Government provides for grant of any pension for the disabled male dependants of the Freedom Fighter as in this case. However, it is brought to notice that the Government of Tamil Nadu in G.O. Ms. No. 748, Public (Political Pension II) Department dated 11.08.1995 contemplates pension for disabled children of Freedom Fighters subject to conditions prescribed therein. 4. In view of the aforesaid submissions made, Learned Counsel for the Petitioner submits the Petitioner would resort to the same and seeks permission of this Court to withdraw the Writ Petition and he has filed a memo to that effect, which is placed on record. 5. The Writ Petition is dismissed as withdrawn with a clarification that it would not preclude the Petitioner to make an application to the Government of Tamil Nadu as per G.O. Ms. No. 748, Public (Political Pension II) Department dated 11.08.1995, if he satisfies the conditions prescribed for the same. No costs.