The Madurai Bench of the Madras High Court has allowed a petition filed by the married daughter of a freedom fighter seeking family pension for her as her husband had deserted her and she was suffering from hypertension and schizophrenia.
Justice K B K Vasuki, allowing the petition filed by M Joice, daughter of freedom fighter Joseph, said though as per the Tamil Nadu Freedm Fighters' fules, married daughter of a pensioner was not entitled to claim family pension, the petitioner was under peculiar family circumstances and her serious nature of mental illness deserved indulgence by the court for her sustenance and can be held entitled to get freedom fighters' pension.
"The denial of pension by the respondents without considering the plight of the deserted lady with no means of help is in my considered view not fair and unjustifiable and is hence factually unsustainable", the Judge said.
The judge setaside the order of Tamil Nadu government rejecting the claim of the petitioner
The judge directed woman to make a fresh representation to the Sub Secretary-cum-Public Information Officer, Public (Political Pension) Department.
The judge also directed the sub-secretary to the dispose the petition by sanctioning freedom fighters' pension for her till her life time and it should be completed in four weeks.
The petitioner submitted that her father was granted freedom fighter's pension on April 14, 1983.
The woman got married and then divorced in 1980. She submited that she was suffering from hypertension and needed money for medical treatment.
The Government pleader opposed the plea on the ground that married woman were not entitled to get the pension and she was already getting destitute's pension of Rs.1000 a month.
But the Judge rejected the plea and directed that the petitioner be given freedom fighters' pension.
