Madras High Court
The State Of Tamil Nadu vs V.Rajayyan Robin @ Thangappan ... on 29 April, 2021
W.A.(MD) No.38 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.04.2021
CORAM
THE HON'BLE MR.JUSTICE T. S. SIVAGNANAM
and
THE HON'BLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.38 of 2019
and C.M.P.(MD)No.190 of 2019
1.The State of Tamil Nadu,
Represented by its Secretary,
Tamil Nadu Development and Culture
and Religious Endowment Department,
Fort St. George, Chennai – 600 009.
2.The Director,
Tamil Department,
Kuralagam, Chennai.
3.The District Collector,
Kanyakumari District,
at Nagarcoil. ...Appellants
-Vs-
1. V.Rajayyan Robin @ Thangappan (Died)
2.Esther Wilsy
3.Nalini Robin
4.Malini Robin
5.Shalini Robin
6.Amudini
(Respondents 2 to 6 are impleaded as legal
heirs of the deceased R1 vide order dated
29.04.201 made in C.M.P.(MD)Nos.11556,
11560 & 11561/2019) ...Respondents
https://www.mhc.tn.gov.in/judis/
1/5
W.A.(MD) No.38 of 2019
Prayer: Writ Appeal filed under Clause 15 of Letter Patent against the
order dated 12.03.2018 made in W.P.(MD)No.5058 of 2016.
For Appellants : Mr.K.P.Krishnadoss,
Special Government Pleader
For Respondents :Mr.T.S.R.Venkatramanan
JUDGMENT
[Judgment of the Court was made by T. S. SIVAGNANAM, J.,]
This Writ Appeal by the State is directed against the order dated
12.03.2018, passed in W.P.(MD)No.5058 of 2016.
2. We have heard the learned Special Government Pleader
appearing for the appellant and Mr.T.S.R.Venkatramana, learned counsel
appearing for the respondents.
3. The Writ Petitioner was a Ellaipor Thiyagi, who is entitled for
grant of pension.
4. The issue involved is whether the grant of pension should be
from the date of application or from the date of issuance of G.O.Ms.No.
https://www.mhc.tn.gov.in/judis/
W.A.(MD) No.38 of 2019
120, dated 25.08.2014. The issue is no longer res integra and has been
decided in earlier cases as well. One such decision being in the case of
C.Natrarajan Vs. Government of Tamil Nadu and Ors, [(1999) 3 MLJ
728], wherein pension was directed to be granted from the date of
application. There are other decisions with regard to the cases arising
under the Freedom Fighters Pension Scheme both Central and State.
5. Thus, for the above reasons, we find no reasons to interfere with
the order passed by the learned Single Bench. Accordingly, the appeal
fails and the same is dismissed. No costs. Consequently, connected
miscellaneous petition is closed.
6. The learned counsel for the respondent/writ petitioner is right
in his submission that no person can take advantage of his own wrong
on the ground that the appellants, having delayed the consideration of the
application for several years, cannot now say that they will not grant
pension to the writ petitioner from the date of application and will grant
only from the date of Government Order. Further more, we note that the
writ petitioner is no more and the benefit will accrue to his legal heirs
only. The daughter of the respondent/writ petitioner viz., Amudini is
https://www.mhc.tn.gov.in/judis/
W.A.(MD) No.38 of 2019
appointed as nominee of the legal heirs of the deceased writ petitioner,
who shall be paid the amount by the appellants, who shall receive it on
behalf of herself and all other legal heirs and distribute the same among
themselves.
[T.S.S. J.,] [S.A.I. J.,]
29.04.2021
Index : Yes/No
Internet : Yes
vsm
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The Secretary,
State of Tamil Nadu
Tamil Nadu Development and Culture
and Religious Endowment Department,
Fort St. George, Chennai – 600 009.
2.The Director,
Tamil Department,
Kuralagam, Chennai.
3.The District Collector,
Kanyakumari District,
at Nagarcoil.
https://www.mhc.tn.gov.in/judis/
W.A.(MD) No.38 of 2019
T. S. SIVAGNANAM, J.,
and
S.ANANTHI, J.,
vsm
W.A.(MD)No.38 of 2019
and C.M.P.(MD)No.190 of 2019
29.04.2021
https://www.mhc.tn.gov.in/judis/
