Madras High Court
Fathima Bibi vs Deputy Secretary To The on 27 January, 2023
W.P.No.33268 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.01.2023
CORAM :
The HONOURABLE DR.JUSTICE ANITA SUMANTH
W.P.No.33268 of 2015
Fathima Bibi .. Petitioner
vs
Deputy Secretary to the
Government of India,
Ministry of Home Affairs /
Grih Mantralaya (FFR Division),
2nd Floor, New Delhi City Centre,
Parliament Street, New Delhi – 110 001. .. Respondent
Petition filed under Article 226 of the Constitution of India
praying to issue a writ of mandamus directing the respondent to
sanction Swatantrata Sainik Samman Pension to the petitioner's
husband from the date of his application i.e., 30.11.1988 to the
date of the petitioner's husband demise on 24.02.2002 and continue
to pay the Freedom fighters family pension to the petitioner from
25.02.2022.
For Petitioner : Mr.T.Dhanasekaran
For Respondent : Mr.Rajesh Vivekanandan
Deputy Solicitor General
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W.P.No.33268 of 2015
ORDER
1. The petitioner is the widow of one Shri. Ismail Khan,
who was a freedom fighter for Indian independence. The petitioner
would state that her husband had participated in Quit India
Movement and in demonstrations conducted on 25.02.1946 aligning
with Royal Indian Naval Mutiny. He faced incarceration on several
occasions. The freedom fighter had applied on 30.11.1988 for grant
of Central Pension under the Swatantrata Sainik Samman Pension
Scheme (in short 'the Scheme'). His application was duly
recommended by the State Government on 20.02.1989.
2. Despite recommendation of the State, the application
did not receive any consideration. The petitioner's husband passed
away on 24.02.2004. The petitioner thus moved a writ petition in
W.P.No.6543 of 2005 seeking a mandamus for grant of pension.
That writ petition came to be allowed on 16.06.2005 issuing
mandamus as sought for and directing the respondent to pay the
pension in accordance with law within sixty days from the date of
receipt of a copy of that order.
3. The State took the matter in writ appeal (W.A.No.2116
of 2005) which also came to be dismissed on 26.08.2011. Not
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W.P.No.33268 of 2015
content with the dismissal, the matter was carried further in appeal
before the Supreme Court, which SLP also came to be rejected on
03.12.2012, though leaving the question of law open. With the
closure of the matter as aforesaid, the respondents have acceded to
the entitlement of the petitioner to pension and had sanctioned the
same vide order dated 20.02.2013.
4. It is the stand of the petitioner that she is entitled to
such pension from the date of application being 30.11.1988,
whereas the respondents would rely on the judgment of the Hon'ble
Supreme Court in the case of Union of India and another v
Kaushalaya Devi reported ((2007) 9 SCC 525) to the effect that
pension is payable only on, and from the date of sanction, being
20.02.2013.
5. This question can well be decided based on the ratio of
the subsequent judgment of Hon'ble Supreme Court in the case of
Union of India and others v Kashiswar Jana ((2008) 11 SCC 309) to
the effect that the grant of pension is to be on and from the date of
the order of the High Court, in case where such an order has been
passed, sanctioning the same.
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W.P.No.33268 of 2015
6. In this case, the relevant order would be the order
passed in W.P.6543 of 2005, dated 16.06.2005. Hence the
petitioner is entitled for pension for the period from 16.06.2005 till
the date of sanction being 20.02.2013 to be quantified and paid
over within a period of two weeks from date of receipt of a copy of
this order. This writ petition is allowed. No costs.
27.01.2023
Index:Yes
Neutral Citation:Yes
ssm
Note to Registry : Issue copy on 30.01.2023.
To
The Deputy Secretary
Government of India,
Ministry of Home Affairs /
Grih Mantralaya (FFR Division),
2nd Floor, New Delhi City Centre,
Parliament Street, New Delhi – 110 001.
https://www.mhc.tn.gov.in/judis
W.P.No.33268 of 2015
DR. ANITA SUMANTH,J.
ssm
W.P.No.33268 of 2015
27.01.2023
https://www.mhc.tn.gov.in/judis
