V SUBRAMANIAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner is the freedom fighter who participated in the freedom struggle for Pondicherry by fighting against the French Rule. THE struggle of the petitioner was recognized by the Government of Pondicherry and he has been granted state pension with effect from 21.06.1985. It is stated that the petitioner simultaneously applied to the Government of India for the grant of Swantantra Sainik Samman pension by his application dated 25.03.1974 and such application was received by the first respondent as per the acknowledgment issued by the superintendent of post office, Pondicherry Division, Pondicherry. THE petitioner has renewed his request subsequently on 26.05.1981. THEreafter, the petitioner has been continuously making representation and he has also enclosed the proforma certifying the sufferings for abscondance. According to the petitioner, all other relevant certificates have been furnished to the first respondent and till date the application has not been considered and therefore the petitioner is before this court for the aforesaid relief.

(2.) THOUGH the respondents have been served no counter affidavit has been filed. However, this court is not inclined to into the merits of the claims made by the petitioner since the writ petition is disposed of by issuing the following directions. (a) The first respondent is directed to consider the petitioner-s representation dated 25.03.1974 for grant of Swantantra Saninik Samman pension followed by the second application dated 26.05.1981 together with enclosures and other relevant documents furnished by the petitioner, within a period of three months from the date of receipt of a copy of this order. (b) While considering such representation the respondent shall also taken consideration that the petitioner has been recognized as a Freedom Fighter by the Government of Pondicherry and he has been drawing State Pension from 21.06.1985.