LAWS(MAD)-2020-10-80

M.MEENACHI @ MEENACHIAMMAL MUPPIDATHI Vs. GOVERNMENT OF INDIA

Decided On October 01, 2020
M.Meenachi @ Meenachiammal Muppidathi Appellant
V/S
GOVERNMENT OF INDIA Respondents

JUDGEMENT

(1.) The prayer sought for in this writ petition is for a writ of mandamus, directing the respondents to consider and dispose the petitioner (reminder) representation dated 12.09.2020 relating with transfer of Freedom Fighter's pension received by petitioner's husband to the petitioner as Freedom Fighter's Family Pension to the dependant.

(2.) It is a pathetic case, where the petitioner, at her advanced age of 75 plus, widow of a freedom fighter, has approached this Court for the relief stated above. Her husband one Muppidathi a freedom fighter and therefore, the Central Government under Swatantrata Sainik Samman Pension Scheme had granted pension to the said freedom fighter i.e., the husband of the petitioner from 26.04.2010 at the rate of Rs.6,330/- per month vide P.P.O.No.MHAFF1200877. While so, on 20.03.2013, the petitioner's husband at the age of 89 died.

(3.) After the demise of the freedom fighter, who was the pensioner also under the said scheme, as per the extant rule, dependant pension has to be given to the petitioner being the widow of the freedom fighter and accordingly, in January 2017, the petitioner made an application to the respondents along with documents such as, freedom fighter pension account book for P.P.O.No.MHAFF1200877 dated 04.10.2012, death certificate of the petitioner's husband dated 29.05.2013. On receipt of these documents with the application of the petitioner for making or transferring the pension towards the petitioner for dependant pension, the first respondent vide his proceedings dated 21.03.2017 has addressed to the Senior Accounts Officer, Pay and Account Office (P&M), Ministry of Home Affairs, New Delhi with the following: