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Judgment
Raju, J.—The above writ petition has been filed by the petitioner association for a writ of mandamus directing the respondent to (a) order
the issue of free bus passes to all Freedom Fighters domiciled in Tamil Nadu drawing Central Pension alone or both Central and State pension or
State Pension only without any discrimination among them; (b) order the payment of pension from the State funds in a sum of Rs. 250 per mensem
to those drawing Central Pension alone from 1.8.1992 onwards and to those drawing State pension of Rs. 100 per mensem in addition to Central
pension a further sum of Rs. 150 per mensem from State funds as additional pension from 1st August, 1992 onwards; and (c) order the payment
of medical allowance of Rs. 15 per mensem to those who have not been paid from 1st August, 1990 and onwards.
The President of the petitioner association, in the affidavit filed in support of the writ petition, states that though the orders of the Government in
G.O.Ms. No. 1825, Transport Department dated 6.4.1990 and G.O.Ms. No. 3658, Transport Department, dated 21.8.1992 enabled all the
recipients of freedom fighters'' pension from State as well as Central funds or either, the benefit is sought to be confined by means of administrative
letters by the officers of the State Government to only those who have actually participated in the freedom struggle and the language stirs and
denying the said benefit to all categories of recipients namely the dependants of the recipients of pension. This, according to the petitioner, is
opposed to the orders of the State Government and by mere inter-departmental correspondence or letters or communications, the scope of the
orders of the Government passed cannot be curtailed.
The other grievance voiced for the petitioner is that though by the Government Order in G.O.Ms. No. 877, Public (Political Pension, II)
Department, dated 9.8.1992 the State Government directed the grant of a sum of Rs. 250 as pension from State funds to those who are drawing
Swatantrata Sainik Samman Pension"" of Rs. 750 from Central funds and also increased the State pension of Rs. 100 to Rs. 250 drawn by
freedom fighters who are in receipt of Central Freedom Fighters'' Pension of Rs. 750 the disbursing authorities are adopting different standards and
meting out discriminatory treatment in that while some of the Treasury Officers are allowing the same and disbursing the amount, but some others
are not honouring the orders by disbursing the payments. As a matter of fact, at the time of hearing, the President of the petitioner association who
was appearing as party-in-person claimed that though in about 20 districts, the Government Order dated 9.8,1992 was being honoured, in about
four districts, indifferent attitude to the detriment of the poor pensioners was being adopted by not implementing the orders. Yet another grievance
raised is that though the freedom fighters/widows/minor children who are in receipt of either State Freedom Fighters'' Pension or Central Freedom
Fighters'' pension or both have been ordered to be paid a sum of Rs. 15 per mensem as Medical Allowance by virtue of the Government Orders
in G.O.Ms. No. 1623, Public (Political Pension II) Department, dated 22.10.1990 and in spite of instructions to the Treasury Officers and Pension
Pay Officer, Madras, the orders are not being honoured and many pensioners are being denied the benefit of the said Government Orders dated
22.10.1990 on account of indifferent attitude of the disbursing authorities.
The respondent has filed a counter-affidavit. So far as the free travel concession is concerned, it is claimed for the respondent that freedom
fighters who are drawing pension Central or State or both and State pensioners of language and border stir alone are eligible and that the
dependants of the above pensioners are not eligible for free travel concession. So far as the increased quantum of pension ordered in G.O.Ms.
No. 877, Public (Political Pension II) Department, dated 9.8.1992 is concerned, it is stated that most of the Treasury Officers have admitted the
claim in terms of the State Government order and that it is only some of the Treasury Officers and Pension Pay Officer, Madras have raised certain
doubts regarding the enhancement of the pension and stopped the payment of enhanced portion and since the Director of Treasuries and Accounts
has sought for certain clarifications, the same is pending consideration of the Government. In the light of such a general statement, when the learned
Additional Government Pleader was asked about the nature of the clarification and the doubts raised, it is pointed Out that the doubts raised by
some of the disbursing authorities are based on the subsequent increase ordered by the Government of India of the Central pension from the
existing rate of Rs. 750 per mensem to Rs. 1,000 per mensem with effect from 12.8.1992 and as to whether the increased State pension has to be
paid notwithstanding the subsequent increase of the Central pension. So far as the payment of medical allowance is concerned, there is no dispute
that the benefit of the Government order dated 22.10.1990 is available, but that is claimed is that except due to some procedural wrangles and
difficulties expressed by the Indian Overseas Bank which is one of the authorities nominated for disbursement, there is no difficulty whatsoever in
the entitlement or disbursement and even with reference to the payment through the said Bank, the Reserve Bank of India was addressed for
further directions and instructions, and orders are awaited in this regard.
The President of the petitioner association who Was appearing as party-in-person and the learned Additional Government Pleader reiterated the
respective stands taken in the pleadings to which a detailed reference has been made supra. A careful analysis and consideration of the relevant
Government Orders apparently and indisputably issued in exercise of the powers under Article 162 of the Constitution of India would justify the
claim made for the petitioner in respect of free travel facilities. The Government order dated 6.4.1990 directed the grant of free travel facility in the
buses of the State Transport undertakings to the freedom fighters and those who participated in the border and/or language stirs and who are
recipients of pension or financial assistance as such from the State Government. Such persons could also be the recipients of Central pension as
well, but initially the privilege was not available to those who were the recipients of Central pension alone. In G.O.Ms. No. 3658, Transport
Department, dated 21.8.1992 on the eve of the Golden Jubilee Celebration of ""Quit India Movement"" of 1942 the respondent/Government have
ordered that the freedom fighters domiciled in Tamil Nadu and drawing Central pension alone also be given free bus passes to travel in the buses
of all State Transport Undertakings including the Thiruvalluvar Transport Corporation Limited. While that is so, in the communications which are in
the form of letters dated 12.3.1991, 2.11.1992 and 18.11.1992 of the Transport Department, the petitioner as well as the concerned Transport
Corporations have been informed that the dependants of the pensioners who are recipients of the pension are not eligible for free travel concession
and it is only the freedom fighters themselves who actually participated in the freedom struggle and language stir alone could avail of such a
concession. The question that fells for consideration is as to whether the stand taken for the respondent that it is the freedom fighters who actually
participated in the freedom struggle alone would be entitled to the concession or the other recipients of the freedom fighters'' pension as well would
equally be entitled to such concession. The very object of the concession is to ameliorate the conditions of those who fought for the Country and in
recognition of the sacrifice made and the patriotic fervour of those who fought for the freedom of the nation and the payment of the pension to the
dependants of such freedom fighters even after the lifetime of the freedom fighters itself appears to be in recognition of such meritorious and selfless
service rendered for the nation at a crucial phase of the country''s freedom struggle. The file relating to the Government Order dated 9.8.1992
contains a note about the proposals which emanated from the Office of the Chief Minister (page 7 of the file) and the said note would give an
impression in unmistakable terms that the object was to benefit the recipients of the pension in question with the issue of free bus passes in the
various State transport undertakings. As a matter of fact, the very same note is available at page 1 of the file relating to the Government order
dated 21.8.1992. Having regard to the laudable object of the scheme as well as the purpose behind the same, I am of the view that interests of
justice would require to have a construction of the Government Order made in such a manner as to give effect to the said object in substance and
spirit. After all, the claim is not in respect of the dependants even during the life time of the freedom fighters as such. It the scheme for the grant of
pension postulates the grant of pensionary benefits to such of those dependants who deserve pension even after the life time of the freedom fighter
who actually participated in the freedom struggle, the same reasoning would help and come to the rescue of the dependants not only to receive the
pensionary benefits but also avail of the free travel concession in the buses of the State Transport Undertakings. In view of the above, I am of the
view that the stand taken in the letters dated 12.3.1991 2.11.1992 and 18.11.1992 run counter to the object, substance arid spirit of the
Government orders dated 6.4.1990 and 21.8.1992 and consequently it becomes necessary to declare that the free bus travel concession in the
buses of the State Transport Undertakings in terms of the existing Government orders would enure to all the recipients of the pension irrespective
of the fact whether such recipient was himself the person who actually participated in the freedom struggle or in receipt of the pension as the eligible
dependant of such participant.
So far as the second claim made relating to the payment of amounts due in terms of G.O.Ms. No. 877, Public (Political Pension II), dated
9.8.1992 is concerned, it is seen that the Government order is still in full force and effect. There is no dispute that except in respect of some of the
disbursing authorities, the other authorities have honoured the said Government order by disbursing the amounts due as per the said Government
order notwithstanding the subsequent increase of the Central pension from Rs. 750 per mensem to Rs. 1,000 per mensem with effect from
12.8.1992. Whatever may be the motivating factor in passing the Government order dated 9.8.1992, the increased payment ordered is not made
subject to any condition depending upon the future increase for the rate of Central Government Pension nor the rate is to be inter-dependant or in
any manner linked with the subsequent increase or decrease of the quantum or rate of Central pension. There is, therefore, no room for claiming
any pro tanto reduction with the increase in the scale of Central pension. Consequently, as the orders stand, there is no room for any doubt or
scope for any clarification in implementing the orders dated 9.8.1992 which, in my view, is specific and clear in its terms and effects. Therefore,
there shall be a declaration that the categories of pensioners covered by paragraph 3(ii) and (iii) shall be entitled to the benefits of the State
Government order and to the disbursement of the amounts as per its terms notwithstanding the subsequent increase said to have been effected by
the Central Government of the rate of pension payable from their funds.
So far as the medical allowance is concerned, there is no dispute whatsoever to the entitlement of the pensioners and the category of pensioners
to the said allowance. As against the claim of delay and indifferent attitude on the part of the disbursing authorities, it is claimed that except one of
the channels for payment namely, the Indian Overseas Bank, the other agencies are honouring the payment. Therefore, the claim as such is not
disputed. If there is any delay in the disbursement by any individual agency either the pensioner himself could choose to approach such agency for
diligent and expeditious disbursement of the amount or that the respondent Government shall itself take sufficient steps to arrange for the
disbursement of the medical allowance without any delay. Having regard to the poor condition of the recipients of the benefits as well as the nature
of the allowance, there could be not two views that the disbursement cannot brook any delay. The respondent-Government would do well to issue
suitable directions for the disbursement of the medical allowance within a time bound programme or limit so as to alleviate the difficulties of this
class of recipients of the benefits.
For all the reasons stated above, a writ of mandamus shall issue declaring and directing the respondent to,
(a) allow the benefit of free travel concession in the buses of the State Transport Undertakings to all the recipients of the pension Central or State
or both;
(b) direct the disbursement of the amount due to the categories of pensioners visualized in para. 3(ii) and (iii) of G.O.Ms. No. 877, Public (Political
Pension II), dated 9.8.1991 in terms of the said order; and
(c) forthwith issue appropriate directions to the various disbursing authorities to effectively disburse the medical allowance as and when claimed
within a time bound limit.
The writ petition shall stand ordered in the above terms, but in the circumstances, there will be no order as to costs.