R.K. Ramaiah vs The Under Secretary, Government of India, Ministry of Home Affairs, The Assistant Secretary to Government, Public (General Pension) Department, Government of Tamil Nadu and The District Collector

M. Jaichandren, J.—Heard Mr. C. Sundaravadivel Government of India, the learned Counsel appearing on behalf of the Petitioner, Mr. K.K. Senthilvelan, Assistant Solicitor General of India, appearing on behalf of the first Respondent, as well as Mr. K.M. Vijaya Kumar, the learned Special Government Pleader appearing on behalf of the Respondents 2 and 3.

At this stage of the hearing of the writ petition, the learned Special Government Pleader appearing on behalf of the second and the third Respondents had submitted that the Petitioner could re-submit the necessary application for the grant of Swathanthrata Sainik Samman Pension, along with the necessary documents, including the Co-prisoner Certificate, as required by law. It had also been submitted that on receipt of such an application from the Petitioner, a recommendation would be made to the first Respondent to consider the same and to pass appropriate orders thereon.

The learned Assistant Solicitor General of India appearing on behalf of the first Respondent had submitted that, on receipt of the application of the Petitioner, recommended by the concerned authorities of the State Government, it would be considered and appropriate orders passed thereon, on merits and in accordance with law.

In view of the said submissions made by the learned Counsels appearing on behalf of the Respondents, the Petitioner is permitted to make an application for the grant of Swathanthrata Sainik Samman Pension, to the second Respondent, along with the necessary documents, including the Co-prisoners Certificate. On receipt of such an application, the second Respondent shall forward the same to the first Respondent, for passing of appropriate orders thereon. On receipt of the application of the Petitioner, as recommended by the second Respondent, the first Respondent shall consider the same and pass appropriate orders, as per the guidelines applicable to the grant of Swathanthrata Sainik Samman Pension, considering the claims made by the Petitioner, as expeditiously as possible.

With the above direction, the writ petition stands allowed. No costs.