The Hindu : New Delhi News : Court upholds recommendation on pension for widow

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Court upholds recommendation on pension for widow

J. Venkatesan

Plea was rejected even after the State recommended her case: petitioner

NEW DELHI: The Supreme Court on Friday upheld the recommendation made by the Tamil Nadu government to the Centre for granting the Swatantrata Sainik Samman (SSS) Pension to a widow, whose husband participated in the freedom struggle.

A Bench of Justice Arijit Pasayat and Justice Mukundakam Sharma dismissed a special leave petition filed by the Centre against a judgment of the Madras High Court directing the Union of India to pay SSS pension to the widow. The Bench in its brief order said: “We do not find any merit in this petition. The special leave petition is, accordingly, dismissed.”

The respondent, R. Parvathiammal of Madurai, approached the High Court against an order passed by the Centre turning down her request for grant of SSS pension. She claimed that her husband, Ramiah Mudaliar was a freedom fighter. He was charged during 1942-43 by the British government for participating in the freedom struggle. Her grievance was that the Centre rejected her plea even after the State government recommended her case in September 2000.

The High Court in its judgment held that the petitioner had made out a case for grant of SSS pension and that she had been fighting for the same for several years even after the State had recommended her case.

The High Court asked the Centre to grant her pension from April 2001, from the date of filing the writ petition. The Centre’s SLP was directed against the judgment.

The SLP said that the High court had committed an error by not appreciating the conclusion reached by the authorities that the respondent was not entitled for pension under the scheme. It said that the respondent’s claim was not supported by any documentary evidence and the prayer for pension could not be considered in the absence of records. The SLP sought quashing of the impugned judgment dated November 15, 2006.

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