Madras High Court
P.Rangammal vs The Government Of Tamil Nadu on 9 January, 2025
Author: C.V.Karthikeyan
Bench: C.V.Karthikeyan
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.01.2025
CORAM
THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN
W.P.No.34844 of 2024
P.Rangammal .. Petitioner
Vs.
1.The Government of Tamil Nadu,
Rep. by its Additional Secretary,
Public (Political Pension) Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2.The District Collector,
Thiruvallur Distirct,
Thiruvallur – 602 001.
3.The Tashildar,
Ponneri Taluk,
Ponneri – 601 204.
.. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, calling for the records
of the 2nd respondent pertaining to an order dated 19.09.2024 made in
F.No.20919/2023/D2 and to quash the same and direct the 2nd respondent to
provide the State Freedom Fighters Pension Arrears from the date of the
application along with the rate of interest 12% per annum for belated
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2
payment.
For Petitioner .. Mr.V.Nandagopaln
For Respondents .. Mr.S.J.Mohamed Sathik,
Govt. Advocate.
ORDER
This Writ Petition has been filed in the nature of a Certiorarified
Mandamus seeking records of the 2nd respondent, District Collector,
Thiruvallur, relating to an order dated 19.09.2024 in F.No.20919/2023/D2
and to quash the same and direct the 2nd respondent to provide State
Freedom Fighters Pension arrears from the date of the application namely,
06.06.2005 along with an interest at 12% per annum for belated payment.
2.In the affidavit filed in support of the writ petition, it had been
stated that the husband of the writ petitioner, Late M.Periasamy was a
freedom fighter, who was a member of the Indian National Army. He made
an application seeking both State and Central pension on 06.06.2005.
Thereafter, the petitioner had received the State Freedom Fighters Pension
by an order dated 27.09.2023. It is contended that the petitioner is entitled
for the pension from 06.06.2005, the date of the application.
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3.The learned counsel for the respondents, however, produced an
order copy of this Court dated 19.11.2024 in W.P.No.25381 of 2022,
Muniammal Vs. The State of Tamil Nadu and another wherein, it had
been observed that the pension should be granted from the date of sanction
and not from the date of application. The said order was passed placing
reliance in G.O.Ms.No.2064, Public (General.C) Department dated
28.09.1966, wherein, it had been stated that, in Rule 14, the pension
sanctioned will be payable from the date of issue of the sanction order and
cannot be commuted in exchange for a lump-sum. It had therefore been held
that the pension will be payable only from the date of sanction order.
4.The learned counsel for the petitioner, however, pointed out a
Division Bench judgment of this Court dated 06.02.2019 in W.A.No.1748
of 2018, Government of Tamil Nadu Vs. A. Parvathi wherein, the State had
challenged the grant of pension from the date of the application. The
Division Bench had placed reliance on the judgment of the Hon'ble
Supreme Court in Gurdial Singh Vs. Union of India & others [Appeal
(Civil) No.6718 of 2001] dated 25.09.2001 and had granted pension from
the date of application.
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5.A similar view was taken by a learned Single Judge of this Court in
W.P.No.12473 of 2021, M.Palani Vs. Government of Tamil Nadu wherein,
it had been contended that pension must be granted from the date of
application and not from the date of sanction.
6.The order in W.P.No.25381 of 2022 was passed only on the basis of
Rule 14 of the Madras Freedom Fighters Pension Rules and
G.O.Ms.No.2064, Public (General.C) Department dated 28.09.1966, but
without reference to the Division Bench judgment. The Division Bench
judgment is binding on this Court. The Writ Petition is therefore allowed
and it is directed that the pension is payable from 06.06.2005, the date of
application and not from the date of sanction. No costs.
09.01.2025
Index:Yes/No
Internet:Yes/No
smv
https://www.mhc.tn.gov.in/judis
To
1.The Additional Secretary,
Public (Political Pension) Department,
Secretariat, Fort St. George,
Chennai – 600 009.
2.The District Collector,
Thiruvallur Distirct,
Thiruvallur – 602 001.
3.The Tashildar,
Ponneri Taluk,
Ponneri – 601 204.
https://www.mhc.tn.gov.in/judis
C.V.KARTHIKEYAN,J.
smv
09.01.2025
https://www.mhc.tn.gov.in/judis
