VELLITHAYAMMAL Vs. SECRETARY TO GOVERNMENT PUBLIC

JUDGEMENT

(1.) THIS writ petition is a classical example as to how widow of a freedom fighter could be harassed by the Government Officials during her old age.

(2.) CHALLENGE in the writ petition is to the proceedings of the first respondent dated 17.12.2007, whereby the petitioner was called upon to elect between the Tamil Nadu Family Pension and the State Freedom Fighters' Pension, as she was the recipient of the service pension as well as Freedom Fighters' Pension. FACTUAL MATRIX:-

(3.) THE second respondent has filed a counter-affidavit, wherein it was indicated that in exercise of the powers conferred under Article 309 of the Constitution of India, amendments were made to the Tamil Nadu Pension Rules, 1978 as per G.O.Ms.No.23, Finance (Pension) Department, whereby Rule 13(B) was inserted, which reads thus:- "Rule 13(B) Family Pension admissible under this rule shall not be granted to a person who is already in receipt of Family Pension or is eligible therefor under any other pension rules, provided that a person, who is otherwise eligible for Family Pension under this rule, may opt to receive family pension under this rule if he foregoes family pension admissible for many other rules."