Madras High Court
The Government Of Tamil Nadu vs M.Velu on 28 June, 2023
W.A.No.1334 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.06.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.A.No.1334 of 2023
1. The Government of Tamil Nadu
rep. by the Additional Secretary
Public (Political Pension) Department
Secretariat, St. George Fort, Chennai – 9.
2. The Collector of Thiruvallur
Thiruvallur – 602 001.
3. The Tahsildar of Ponneri
Ponneri – 601 204. .. Appellants
Vs
M.Velu .. Respondent
Prayer: Appeal under Clause 15 of the Letters Patent against the
order dated 18.4.2022 passed by the learned Single Judge in
W.P.No.18332 of 2021.
For the Appellants : Mr.P.Muthukumar
State Government Pleader
assisted by
Mr.K.Karthick Jeganath
Government Advocate
__________
Page 1 of 5
https://www.mhc.tn.gov.in/judis
W.A.No.1334 of 2023
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
We have heard Mr.P.Muthukumar, learned State Government
Pleader, assisted by Mr.K.Karthick Jeganath, learned Government
Advocate, for the appellants.
2. The learned Single Judge has partly allowed the writ petition
filed by the present respondent by directing the arrears of freedom
fighters pension to be paid from 13.12.2008.
3. It is not disputed that the present respondent has been
granted with the freedom fighters pension pursuant to the order of the
learned Single Judge of this court dated 16.12.2020 in W.P.No.15616
of 2020. However, the freedom fighters pension was granted from the
year 2021. The writ petition was filed by the present respondent
seeking pension from the year 1987, i.e., the date when the first
application was made by the present respondent. The learned Single
Judge did not totally accept the case of the original writ petitioner
about the application being made in the year 1987, however,
__________
https://www.mhc.tn.gov.in/judis
W.A.No.1334 of 2023
considering that the order refers to the application of 2008, directed to
pay the arrears of pension from 13.12.2008. The said order is assailed
by the government.
4. Learned State Government Pleader submits that the original
writ petitioner had not submitted the relevant documents in the year
2008. It is only in the year 2020, the documents were submitted and
when the application was not complete in all respects, he was not
entitled to freedom fighters pension from the date of application. The
said aspect has not been considered.
5. Upon perusal of the order passed by the learned Single Judge
in W.P.No.15610 of 2020, dated 16.12.2020, we cannot comprehend
the arguments of learned State Government Pleader. In the said writ
petition, the learned Single Judge had observed that the petitioner had
submitted the certificates given by the co-prisoners, however, the said
certificates were not relied upon. The learned Single Judge thereafter
directed the respondents to again process the application by setting
aside the order of the authority and further directed to sanction the
freedom fighters pension of the State Government. Pursuant to the
__________
https://www.mhc.tn.gov.in/judis
W.A.No.1334 of 2023
said order, freedom fighters pension is sanctioned, however only from
a later date.
6. Though the original petitioner claimed that he first filed the
application in the year 1987, the learned Single Judge did not allow the
arrears of pension from 1987, however allowed it from the date of
application, i.e. 13.12.2008. Along with that application the original
petitioner submitted all the documents, which as per the earlier order
in W.P.No.15610 of 2020, dated 16.12.2020, the learned Single Judge
directed the authority to accept and pass orders.
We do not find any error in the order passed by the learned
Single Judge. The writ appeal is dismissed. There will be no order as
to costs. Consequently, C.M.P.No.13088 of 2023 is closed.
(S.V.G., CJ.) (P.D.A., J.)
28.06.2023
Index : Yes/No
Neutral Citation : Yes/No
sasi
__________
https://www.mhc.tn.gov.in/judis
W.A.No.1334 of 2023
THE HON'BLE CHIEF JUSTICE
AND
P.D.AUDIKESAVALU,J.
(sasi)
W.A.No.1334 of 2023
28.06.2023
__________
https://www.mhc.tn.gov.in/judis
