UNION OF INDIA Vs. V.NAGAMALAI

JUDGEMENT

(1.) This intra court appeal is directed against the order dated 14.02.2017, allowing W.P.(MD)No.18758 of 2013 filed by one V.Nagamalai. During the pendency of the writ petition, he passed away and his legal heirs had come on record.

(2.) The case of the original writ petitioner was that he was a member of Indian National Army and freedom fighter. He claimed that he was arrested by the British police and detained in Rangoon Central prison from May 1945 till the end of December 1945. He applied to the Central Government seeking grant of financial assistance under Swathantrata Sainik Samman Pension Scheme. Even though, his application was submitted as early as in the year 1986, it was not considered and simply kept pending. In the meanwhile, he had been granted State Pension vide proceedings dated 04.09.2004, issued by the Government of Tamil Nadu. The stand of the original writ petitioner was that when once the State Government had recognized him as a Freedom Fighter and granted him pension, the Central Government was also obliged to grant him pension under Swathantrata Sainik Samman Pension Scheme, without insisting on any further proof.

(3.) The case of the writ petitioner was recommended by the District Collector, Trichy vide letter dated 09.04.2008, addressed to the Secretary, Public Department, Government of Tamil Nadu, Chennai. The Government of Tamil Nadu vide communication dated 19.12.2018 forwarded the case of Thiru.Nagamalai, for appropriate decision to the Government. Thereafter, the Government of India vide letter dated 04.03.2009, informed the Government of Tamil Nadu that it is not possible to accept his claim for grant of Swathantrata Sainik Samman Pension from Central Revenue. This communication dated 03.2009 was put to challenge in W.P.(MD)No.18758 of 2013. The learned Single Judge, allowed the said writ petition by the impugned order dated 14.02.2017. This is questioned in this intra court appeal.