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K.Chelladurai vs The Government Of India

Madras High Court|01 February, 2017

JUDGMENT / ORDER

This writ petition is filed by a 99 years old freedom fighter seeking for a direction to the respondents to consider his representation, dated 23.12.2016, for sanction of freedom fighter pension by the Central Government.
2.When this matter was taken up for admission on 20.01.2017, this Court directed the first and second respondents to inform this Court regarding the status of the petitioner's application and the decision taken on the same.
3.Today when the matter is taken up for further hearing, the learned Central Government Standing Counsel appearing for the respondents 1 and 2, based on instructions, submitted that no such application dated 23.12.2016 was received by the respondents 1 and 2 and on the other hand, the same was sent only to the third respondent, namely, the District Collector, Tirunelveli District. Therefore, the learned Central Government Standing Counsel submitted that in the absence of any application from the petitioner seeking for Central Government Pension, there is no occasion for the respondents 1 and 2 to consider his claim.
4.The learned counsel appearing for the petitioner submitted that the petitioner was under the impression that sending an application to the third respondent is sufficient for him to get the pension from the Central Government. Needless to say that the petitioner has to make separate application before the respondents 1 and 2 and only then, the same will be considered by those respondents.
5.Considering the fact that the petitioner is 99 years old and further fact that he is already a recipient of freedom fighter pension from the State Government, I am of the view that the petitioner should be given liberty to make an application to the respondents 1 and 2, which in turn shall have to be considered by those respondents and pass appropriate orders without prolonging the matter.
6.Accordingly, this writ petition is disposed of by giving liberty to the petitioner to make an application to the respondents 1 and 2 seeking for freedom fighter pension, within a period of two weeks from the date of receipt of a copy of this order. On receipt of such application from the petitioner, the respondents 1 and 2 shall consider such application and pass orders within a period of four weeks thereafter. No costs.
To
1.The Secretary, Ministry of Home Affairs, New Delhi.
2.The Deputy Secretary to Government of India(F.F.(INA), Ministry of Home Affairs, Lok Nayak Bhavan, Khan Market, New Delhi-110003.
3.The District Collector, Tirunelveli District, Tirunelveli. .
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Title

K.Chelladurai vs The Government Of India

Court

Madras High Court

JudgmentDate
01 February, 2017