M. Indira vs The District Collector

M. Venugopal, J.—Heard both sides.

According to the Petitioner, his father was a soldier of INA which was organized by Nethaji Subash Chandrabose. His father died on 14.05.2002. Till his death, he was in receipt of Thiyagi Pension under the ''Swatanatrata Sainik Samman Pension Scheme(SSSP)''. After her father''s death, her mother M.Valliyammal was receiving the said pension. Subsequently on 9.4.2013 her mother Valliyammal had also died. Her two brothers and one sister also got married and they are residing separately with their families. She is also AN unemployed person. Also she is not having any other source of income. At present she is living with the help of her relatives.

Since May 2013, she made so many representations to the respondents 1 and 2. Further based on her representation, the Second Respondent conducted an enquiry and verified all the records pertaining to the Pension Scheme. The Second Respondent on being subjectively satisfied with all the documents produced by her, recommended her case and sent a report for Thiyagi Pension addressed to the First Respondent. Even after the report sent by the Second Respondent, no action has been taken in the matter.

It appears that the Petitioner made a representation on 26.6.2014 to the Respondents seeking her mother''s pension to her under the scheme ''Swatanatrata Sainik Samman Pension Scheme(SSSP)''. She also enclosed the Application Form, Death Certificates of her parents, Legal Heir Certificate, Martyr Legal Heir Certificate, her mother''s Pensioner Pass-book. However the First Respondent had not taken any action in the matter.

The learned counsel for the Petitioner refers to the direction issued by the Director of Ministry of Home Affairs, Government of India in Reference No. 8/02/98-FF(P), dated 13.10.2000 directing all the Chief Secretaries of the State Government to the following effect:

2(iii) that the event of availability of more that one eligible dependent the sequence of eligibility not more than one at a time, will be in the following order:--(1) Widow/Widower(2)unmarried daughter (3)Mother and father subject to the instruction issued under the Scheme from time to time.

Also that the learned counsel for the Petitioner points out that the Ministry of Home Affairs/Grih Mantralaya Freedom Fighters Division gave information which runs as follows:

It is confirmed that unmarried and unemployed daughter/s is/are eligible for the dependent family pension till her death.

In view of the fact that the Petitioner has sought a relief in the present Writ Petition, namely for passing of an order by this Court in directing the First Respondent to dispose of the representation dated 26.6.2014 based on the report submitted by the Second Respondent dated 6.1.2014, this Court without going into the contents of the representation of the Petitioner dated 26.6.2014, in the interest of justice, simpliciter, directs the First Respondent to look into the representation of the Petitioner dated 26.6.2014 in a fair, free and dispassionate manner and to dispose of the said representation on merits within a period of eight weeks from the date of receipt of a copy of this Order(of course after providing due opportunity of hearing to the Petitioner and others concerned, if any, by following the principles of natural justice).

With the aforesaid directions, the Writ Petition is disposed of. No costs.