LAWS(MAD)-2008-6-609

K. SUBBAMMAL Vs. THE STATE OF TAMIL NADU

Decided On June 12, 2008
K. Subbammal Appellant
V/S
THE STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) Writ Petition (MD) No. 7607 of 2008 is directed against the order of the second respondent dated 7.8.2007 and also for a direction against the third respondent to pay pension amount to the petitioner under Swatantra Sainik Samman Pension Scheme 1972 as per the directions of the first respondent dated 14.9.2005 and also for payment of interest @ 13% p.a. from the date of eligibility.

(2.) Writ Petition (MD) No. 6998 of 2007 is for a direction to the 3rd respondent to pay the pension amount to the petitioner under the Swatantra Sainik Samman Pension Scheme 1972 as per the direction made in the communication Ref.Na.Ka. No. 108656/2005/Y.4 dated 20.4.2007 and 14.62007 issued by the 1st respondent to the 3rd respondent with all accumulated arrears with interest at the rate of 12% p.a. from the date of eligibility and upto the date of actual payment.

(3.) The petitioner's husband, late R.P. Kalimuthu was a freedom fighter participated in the freedom struggle movement on several occasions and he has also undergone imprisonment from 11.11.1942 to 5.3.1943 in terms of the sentence passed by the Judicial Magistrate No. 1, Madurai. After the enactment of the Swatantra Sainik Samman Pension Scheme 1972, the petitioner's husband has applied for the pension to the Government of India on 10.8.1991. Pension was originally sanctioned and subsequently, the same was cancelled on 28.2.1996. The petitioner's husband has approached this Court by filing W.P. No. 5006 of 1996, which was allowed on 20.6.2003. The Writ Appeal filed against the said order was also dismissed by a Division Bench of this Court and therefore, the order has become final.