T.Vedambal Vs The Government of India

1.The Government of India, Rep. by its Secretary, Ministry of Home Affairs, Freedom Fighters Division, 2^nd Floor, NDCC-II Building, Jai Singh Road, New Delhi – 110 001.

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2.The Chief Manager, Indian Bank, Centralised Pension Processing Centre, No.7, Prakasam Salai, II Floor, Opp to Panagal Park,

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T.Nagar, Chennai – 600 017.

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3.The District Collector, Thiruvarur District, Thiruvarur.

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4.The Branch Manager, Indian Bank, No.18, Sannathi Street, Thiruthuraipoondi – 614 713, Thiruvarur District. ... Respondents

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PRAYER: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a writ of mandamus directing the respondents to restore the Freedom Fighters Family Pension payable to the petitioner in PPC

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Page 1 of 7

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https://www.mhc.tn.gov.in/judis

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W.P.No.552 of 2023

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No.MHAFF8491661 forthwith and to pay arrears of family pension with effect from June 2020, in consideration of several representations including the last representation submitted by the petitioner dated 29.08.2022, within a time frame to be fixed by this Court.

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For Petitioner :Mr.S.Nedunchezhiyan for Mr.A.Ganesan

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For Respondent 1 :Mr.R.Rajesh Vivekananthan, Deputy Solicitor General For Respondent 2 :Mrs.S.R.Sumathy, Standing Counsel

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For Respondent 3 :Mr.M.Shahjahan, Special Government Pleader

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ORDER

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The writ petition seeks for the following reliefs:

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directing the respondents to restore the Freedom Fighters Family Pension payable to the petitioner in PPC No.MHAFF8491661 forthwith and to pay arrears of family pension with effect from June 2020, in consideration of several representations including the last representation submitted by the petitioner dated 29.08.2022, within a time frame to be fixed by this Court.

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The petitioner is the wife of a Freedom Fighter Thiyaki Thirunavukkarasu. He was sanctioned with pension from 15.08.1972. Unfortunately, he passed away on 01.03.1984. The petitioner, being his wife, was granted family pension with effect from 01.06.1985.

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Page 2 of 7

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https://www.mhc.tn.gov.in/judis

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W.P.No.552 of 2023

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In terms of the policy, the beneficiaries of Freedom Fighters Pension or Freedom Fighters Family Pension will have to file a life certificate year on year in order to ensure regular payment. Unfortunately, during the Covid-19 lock down, the petitioner was not in a position to furnish her life certificate. Consequently, from May 2020 till September 2021, the petitioner was not given Freedom Fighters Family Pension. Hence, the petitioner is before this Court for the aforesaid reliefs.

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By an order dated 23.01.2023, the Hon'ble Mr.Justice C.V.Karthikeyan held as follows:

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“The learned Standing Counsel forwarded an order dated 13.02.2023 wherein, though the pension was stopped to the petitioner in May 2020, it has now sanctioned from 07.09.2021. The learned counsel appearing for the petitioner correctly pointed out that from June 2020 till September 2021, the petitioner should also be granted the benefit of pension. The order has to be reexamined, particularly, because it only gives an impression that the petitioner was not around between June 2020 and September 2021 and still around after September 2021. Order requires clarifications. The learned Senior Standing Counsel states that she would get necessary clarifications.”

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Mr.R.Rajesh Vivekananthan, learned Deputy Solicitor General submitted that pursuant to the aforesaid order, details were verified and the

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Page 3 of 7

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https://www.mhc.tn.gov.in/judis

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W.P.No.552 of 2023

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writ petitioner is being provided with Freedom Fighters Family Pension from September 2021 onwards. Though this satisfies the future requirements of the petitioner, there is a gap between May 2020 and September 2021. This leads to an incongruent situation that a person is deemed to be alive till April 2020 and from September 2021 onwards, but not found to be alive on account of some bureaucratic red tapism between May 2020 and September 2021.

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The eligibility of the petitioner is not in dispute. The only reason the payment made to her was stopped was based on the fact that she did not update her life certificate to the disbursing bank. The respondents could have taken note of the peculiar circumstances in which everyone was placed due to the Covid-19 Pandemic and could have taken a more sympathetic approach regarding the payments to the petitioner, which were requested by way of a representation dated 29.08.2022.

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Considering the circumstances in which the petitioner was placed, I am inclined to accept the writ petition. Accordingly, there shall be a direction to the respondents to disburse the Freedom Fighters Family Pension for the period from May 2020 to September 2021, to the writ petitioner within a period of four weeks from the date of receipt of a copy of this order and ensure that the amount is disbursed to her account immediately thereafter.

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Page 4 of 7

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https://www.mhc.tn.gov.in/judis

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W.P.No.552 of 2023

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The writ petition stands allowed. No costs.

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03.09.2025

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nl

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Internet:Yes Index:Yes/No Speaking/Non speaking order

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To

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1.The Government of India, Rep. by its Secretary, Ministry of Home Affairs, Freedom Fighters Division, 2^nd Floor, NDCC-II Building, Jai Singh Road, New Delhi – 110 001.

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2.The Chief Manager, Indian Bank, Centralised Pension Processing Centre, No.7, Prakasam Salai, II Floor, Opp to Panagal Park, T.Nagar, Chennai – 600 017.

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