M. SAIYEDHA BEGUM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Writ Petition has been filed in the nature of Certiorarified Mandamus to call for the records of the order of the second respondent/District Collector, Theni District, dtd. 17/7/2019 and to quash the same and for a direction to the respondents to grant Freedom Fighters Family Pension to the petitioner from the date of death of her husband and to disburse the same.

(2.) In the affidavit filed in support of this Writ Petition, it had been stated that the husband of the petitioner, by name, Mohammed Sheriff, was incarcerated in Alipuram Camp Jail in Bellary District in Karnataka between 8/10/1943 and 11/4/1944. Claiming that though he had not sought for pension, as his widow, the petitioner was entitled to Freedom Fighters Family Pension, the petitioner had sent several representations to the respondents.

(3.) The third respondent/Special Deputy Tahsildar, Sa.Pa.Thi, Theni District, had originally passed an order on 7/2/2017 refusing to grant pension to the petitioner primarily on the ground that her husband had not been granted Freedom Fighters Pension and therefore, she was not eligible to grant of such pension. That order was challenged by the petitioner in W.P.(MD)No.3407 of 2017, wherein, a learned Single Judge of this Court had relied on Rule 6 of Madras Freedom Fighters' Pension Rules, 1966, and had stated as follows: