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Judgment
The Honourable Mr. Justice Vinod K. Sharma, J.—The Petitioner has approached this Court, with a prayer for issuance of a writ, in the
nature of mandamus, to consider the application moved by the petitioner, for payment of Freedom Fighters pension to the wife of Ex-Indian
National Army, Sepoy, Thiru.P. Muthaiyan, S/o. Palanisamy.
The Petitioner is wife of late P,Muthaiyan. Four female and one male child, were born out of wedlock of the Petitioner with Late P. Mathiayan.
It is pleaded by the Petitioner that her husband had joined as a Sepoy in the Indian National Army of Netaji Subash Chandra Bose. He served
in the force as a Sepoy, in the 4th Guerrilla Regiment, Nehru Brigade, Platoon No. 3 under CompanySha Nawaz Khan, Col. Khillon and Capt.
Santha Singh.B. On occupation of Burmah, the husband of the Petitioner was arrested along-with other INA volunteers and detained in jail from
May 1945 to December 1945. After the release from the jail,
he settled at Thanjavur District. The husband of the Petitioner was sanctioned State Government pension with effect from 29th March 1967, vide,
sanction letter, dated 26th February 1968, vide order E.F.P.O. No. 1562/68, but the Petitioner was not granted pension.
The Petitioner, being widow applied for pension in the year 1978. The application moved by the Petitioner was returned for rectification of
certain defects, and calling upon her to give full particulars, i.e. co-prisoner affidavit and other details.
According to the Petitioner, necessary rectification was carried out and the application was resubmitted. The Petitioner submitted another
application on 7th December 1995, but till date, no action has been taken thereon.
No counter has been filed, prima facie, there seems to be, no reason to deny the pension to the Petitioner, as Freedom Fighters pension was
sanctioned to her deceased husband, vide order, E.F.P.O. No. 1652/68.
In any case, the Respondents have no justification in not dealing with the application moved by the Petitioner, for number of years.
The scheme for payment of pension to Freedom Fighters, imposes a statutory obligation on the Respondents to consider and decide the
application moved by the beneficiary, which has to be accepted or rejected, but the respondents cannot keep the application pending without
deciding it.
Consequently, the writ petition is allowed, a writ in nature of mandamus is issued directing the Respondents to take a final decision, on the
application moved by the Petitioner, for grant of Freedom Fighters pension from the date of death of her husband.
The needful be done within three months of the receipt of certified copy of this order. No costs.