M. Shawkath Ali vs The Under Secretary to Government, Ministry of Home Affairs, Freedom Fighters Division, 1st Floor, Loknaick Bhavan, New Delhi, The Deputy Secretary to the Government of Tamil Nadu, Public (Political Pension-3) Department, Fort St. George, Chennai - 600 009. and The District Collector, Chennai Collectorate, Chennai.

Honourable Mr. Justice D. Hari Paranthaman

The petitioner seeks for issuance of a writ of mandamus to direct the respondents 2 and 3 to send all the documents after verification relating to the petitioner''s Central Government Freedom Fighter Pension to the first respondent, who in turn should sanction the Freedom Fighter Pension within the stipulated time prescribed by this Court pursuant to the representation given by the petitioner, dated 17.03.2011.

The petitioner was a member of Indian National Army which fought against British Imperialism under the leadership of Nethaji Subash Chandra Bose. According to him, he was arrested by the British in connection with the freedom struggle and he was confined in the Central Prison, Rangoon from May, 1945 to December, 1945. While, he was confined in Central Prison, Rangoon, two other Indian National Army members viz., T.Rathinam Pillai and Muthu were also confined along with him. He came down to India as a repatriate leaving all his belongings in Burma. He applied for Freedom Fighters Pension by making application to the first respondent on 03.07.1984. There was no response for the same. Again, he made another application on 17.06.1994. The first respondent received his application and issued a receipt dated 16.04.1999.

The petitioner states that in spite of his request for State Freedom Fighters Pension from 2003, no pension is given by the first respondent. Therefore, he has filed the Writ Petition seeking for a direction to respondents 2 and 3 to send all the necessary documents for sanction of pension to the first respondent and also a direction to the first respondent to sanction Freedom Fighters Pension to him.

The first respondent has filed a counter affidavit, wherein it is stated that the Central Government is not in a position to examine the case as his case has not been received through the State Government along with their verification-cum-recommendatory report as required under the scheme. Paragraph 3 of the counter affidavit is extracted as here-under:

With regard to the corresponding para of the Affidavit of the petitioner, it is submitted that the Central Government is not in a position to examine the case as his case has not been received through the State Government along with their verification-cum-recommendatory report as required under the scheme.

In these circumstances, this Court, on 22.09.2011, directed the second respondent to send the necessary verification-cum-recommendatory report to the first respondent, so as to facilitate the first respondent to pass orders granting Freedom Fighters Pension to the petitioner.

Based on the aforesaid direction, the Public (Political Pension, 1) Department of Government of Tamil Nadu, sent a detailed report as per the scheme, vide letter No.29438/PP1/2011-4, dated 18.10.2011, to the first respondent. A copy of the letter enclosing various documents are produced before this Court. In view of the aforesaid letter dated 18.10.2011 of the Public (Political Pension, 1) Department of Government of Tamil Nadu, the impediment for considering the claim of the petitioner as stated in para 3 of the counter is removed.

In these circumstances, the first respondent is directed to consider and pass appropriate orders on merits based on the aforesaid letter dated 18.10.2011, relating to the Freedom Fighters Pension to the petitioner, particularly, taking note of the age of the petitioner, being 84. The first respondent is directed to complete the exercise within a period of 8 weeks from the date of the receipt of a copy of this order.

The writ petition is disposed of with the above direction. No Costs.