V. REITHINABAI Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This writ petition has been filed challenging the order passed by the 2nd respondent rejecting the application of the petitioner for grant of freedom fighters' family pension.

(2.) According to the petitioner, her husband one V.M.Venkatesan and father-in-law one Shri.V.Masilamani Mudaliar were involved in the freedom movement. Her father-in-law had established a Sangam known as 'Jawaharlal Nehru Sarkar Sangam' in the year 1930 at Arasamaram Pettai, Vellore and had administered the same. He was also the agent for Tamil Nadu Seithi Pathirikai, Sudhandira Sangu and Navasakthi and had indulged in freedom movement.

(3.) The petitioner further submitted that her husband also followed the footprints of his father and had involved in freedom movement. He had acted as "Sevathalam Thondar" in the conference conducted by the Congress Leader - Kavikuil Smt. Sarojini Naidu. In the year 1941, he had also participated in Sathyagraha Movement at Konavattam and at Chennai, therefore, he had been detained at Central Prison, Chennai for a period of one and half months and in the year 1942, he was detained at Sub Jail, Vellore for a period of one month and at Thorapadi Central Jail for six months. During his life time, he had filed an application seeking freedom fighters' pension from the year 1984, which was granted to the other freedom fighters. After having considered his request for pension, the 3rd respondent by and in his proceedings Na.Ka.F1/2756/2006 dated 23.05.2006 had recommended the the case of the husband of the petitioner for grant of pension. Subsequently, by way of another proceedings dated 26.09.2006 in Na.Ka.No.F1/36157/2006, the 2nd respondent once again recommended to the 2nd respondent for grant of freedom fighters' pension to the husband of the petitioner. But, those recommendations were not considered. Thereafter, on 13.11.2006, the husband of the petitioner died at the age of 85 years. While so, the petitioner being legal representative of the deceased V.M.Venkatesan pursued the application for freedom fighters' family pension and when she approached the authorities along with necessary certificates, the 3rd respondent sought fresh particulars from the Tahsildar, Vellore, who, in turn, directed the petitioner to submit fresh materials. Thereafter, the petitioner submitted original co-prisoner certificates, death certificate, legal heir-ship certificate and other documents through the Tahsildar, Vellore. Upon considering the same, the 3rd respondent by impugned order dated 27.06.2013 in Na.Ka.F1/1249/13 rejected the claim of the petitioner for grant of freedom fighters' family pension and communicated the same to her. Challenging the orders of the respondents 2 and 3 , the petitioner is before this court with this writ petition.