Citation : 2025 Latest Caselaw 8974 Mad
Judgement Date : 27 November, 2025
W.P.Nos.45694 and 45700 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.11.2025
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN
W.P.Nos.45694 and 45700 of 2025
W.P.No.45694 of 2025
L.Nirmala .. Petitioner
vs
1.The Union of India,
Ministry of Home Affairs/Grih Mantralaya,
Freedom Fighter Division, INA Section,
2nd Floor, NDCC-II Building, Jai Singh Road,
New Delhi – 110 001.
2.The Under Secretary (Policy),
Ministry of Home Affairs/Grih Mantralaya,
Freedom Fighter Division, INA Section,
2nd Floor, NDCC-II Building, Jai Singh Road,
New Delhi – 110 001.
3.The Under Secretary to Government of India,
Ministry of Home Affairs/Grih Mantralaya,
Freedom Fighter Division, INA Section,
2nd Floor, NDCC-II Building, Jai Singh Road,
New Delhi – 110 001.
4.The Branch Manager,
Centralised Pension Processing Centre – Chennai,
Indian Bank, No.7, Prakasam Salai,
II Floor, Opp. To Panagal Park,
T.Nagar, Chennai – 600 017.
5.The Branch Manager,
Indian Bank (Koyambedu Branch),
No.1, Kaliamman Koil Street, Natesan Nagar,
Koyambedu, Chennai – 600 092. .. Respondents
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W.P.Nos.45694 and 45700 of 2025
W.P.No.45700 of 2025
L.Nirmala .. Petitioner
vs
1.The Under Secretary to Government of India,
Ministry of Home Affairs/Grih Mantralaya,
Freedom Fighter Division, SZ Section,
2nd Floor, NDCC-II Building, Jai Singh Road,
New Delhi – 110 001.
2.The Branch Manager,
Centralised Pension Processing Centre – Chennai,
Indian Bank, No.7, Prakasam Salai,
II Floor, Opp. To Panagal Park,
T.Nagar, Chennai – 600 017.
3.The Branch Manager,
Indian Bank (Koyambedu Branch),
No.1, Kaliamman Koil Street, Natesan Nagar,
Koyambedu, Chennai – 600 092. .. Respondents
Prayer in W.P.No.45694 of 2025: Petition filed under
Article 226 of the Constitution of India praying for the issuance of a
writ of certiorari to call for the records on the file of the second
respondent and quash the impugned clause 5.2.5 of revised
guidelines i.e., “Widowed/divorced daughter is not eligible for
samman pension” issued under the revised policy guidelines of SSS
(Swatantrata Sainik Samman) Yojana under reference
No.45/03/2014-FF(P) vide letter dated 06.08.2014 issued by the
Under Secretary (Policy), Ministry of Home Affairs, Freedom Fighter
Division, INA Section, the second respondent herein as illegal and
not in accordance with law.
2/6
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W.P.Nos.45694 and 45700 of 2025
Prayer in W.P.No.45700 of 2025: Petition filed under
Article 226 of the Constitution of India praying for the issuance of a
writ of certiorarified mandamus to call for the records on the file of
the first respondent in Ref. No.52/TN/06/2025/FF/INA
(C.F.No.3750409) dated 22.09.2025 and quash the same as illegal
and not in accordance with law and consequently direct the first
respondent to grant the eligible pension to the petitioner in an
expeditious manner.
For Petitioner : Mr.R.Sivaraman
in both WPs
For Respondents : Mr.R.Rajesh Vivekananthan,
Deputy Solicitor General
for R1 to R3 in both WPs
COMMON ORDER
Heard Mr.R.Sivaraman and Mr.R.Rajesh Vivekananthan,
Deputy Solicitor General for the parties.
2. Mr.Rajesh Vivekananthan points out that the issue raised in
the present writ petitions is covered by a judgment of this Court in
Thillai Lokanathan vs. Under Secretary, Ministry of Home
Affairs, Freedom Fighters and Rehabilitation Division, New
https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 05:46:29 pm ) W.P.Nos.45694 and 45700 of 2025 Delhi (W.P.No.29353 of 2025 dated 22.10.2025). In terms of
the said judgment, these writ petitions are allowed.
3. The first respondent shall forward the papers of the
petitioner to the State of Tamil Nadu. The State of Tamil Nadu in
terms of the direction given by the Union of India, shall cause an
enquiry as regards alleged indigent circumstances of the petitioner
and shall submit a report to the Union of India as per the
Swatantrata Sainik Samman Yojana Pension Scheme. If the report
of the State of Tamil Nadu points out to the indigent circumstances
of the petitioner, the first respondent shall pass appropriate orders
on the pension papers.
There shall be no order as to costs.
27.11.2025 Index:Yes/No Neutral Citation:Yes/No mmi
To
1.The Union of India, Ministry of Home Affairs/Grih Mantralaya, Freedom Fighter Division, INA Section, 2nd Floor, NDCC-II Building, Jai Singh Road, New Delhi – 110 001.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 05:46:29 pm ) W.P.Nos.45694 and 45700 of 2025
2.The Under Secretary (Policy), Ministry of Home Affairs/Grih Mantralaya, Freedom Fighter Division, INA Section, 2nd Floor, NDCC-II Building, Jai Singh Road, New Delhi – 110 001.
3.The Under Secretary to Government of India, Ministry of Home Affairs/Grih Mantralaya, Freedom Fighter Division, INA Section, 2nd Floor, NDCC-II Building, Jai Singh Road, New Delhi – 110 001.
4.The Branch Manager, Centralised Pension Processing Centre – Chennai, Indian Bank, No.7, Prakasam Salai, II Floor, Opp. To Panagal Park, T.Nagar, Chennai – 600 017.
5.The Branch Manager, Indian Bank (Koyambedu Branch), No.1, Kaliamman Koil Street, Natesan Nagar, Koyambedu, Chennai – 600 092.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 28/11/2025 05:46:29 pm ) W.P.Nos.45694 and 45700 of 2025
V. LAKSHMINARAYANAN,J.
mmi
W.P. No.45694 and 45700 of 2025
27.11.2025
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