The prayer sought for in this writ petition is for a Writ of Certiorarified Mandamus, to call for the records relating to the respondent's order dated 14.01.2003 made in Ref.No.29/7741/73- FF(INA), Ministry of Home Affairs, Union of India, and quash the same and to direct the respondent herein to grant Central Government Freedom Fighters Family Pension in favour of the petitioner herein with effect from the year 1973.

2. The necessary facts, which are required to be noticed for the disposal of the writ petition, are as follows:-

The petitioner's husband one Lakshmana Thevar was an Ex-Indian National Army (hereinafter referred to as “INA”) personnel, who joined in INA under the Leadership of Nethaji Subash Chandra Bose, in Malaysia. While he was there at the time of World War II, he was captured by the British troops and he underwent imprisonment for 6 months in the Chitra Camp Jail, Malaysia from 15.08.1945 to 28.02.1946. Thereafter, the World War ended and he returned home to his native place at India and led a peaceful civilian life.

3. Since, the petitioner's husband was the freedom fighter, he was eligible to get Freedom Fighters Pension of the State Government as well as the Central Government. Therefore, during his life time, he made an application to the State as well as the Central Government for getting pension. However, before the said applications were to be considered, it is claimed by the petitioner that, her husband died on 04.04.1969.

4. Thereafter, the petitioner applied for Freedom Fighters Family Pension to the State Government which was duly considered and sanctioned by the State Government Authorities vide order dated 28.03.1970. In the same line, the petitioner also applied to the respondent i.e., the Central Government for getting the Central Government Freedom Fighters Family Pension, in the year 1973 itself, in a prescribed proforma, with all available documents and information’s.

5. In support of the said application, the petitioner had also annexed the order sanctioning Freedom Fighters Family Pension of the Government of Tamil Nadu to the petitioner, dated 28.03.1970, and the history sheet of the petitioner issued by the Tamil Nadu INA Forum.

6. Since, the said application had not been considered and it was kept pending for consideration for some years, the petitioner, obtained co-prisoner certificates from two co-prisoners who had also been imprisoned along with the petitioner's husband, during the year 1945 - 1946 and that co-prisoners certificates given by them in the year 1977 had also been forwarded to the respondent for consideration. The petitioner also forwarded the death certificate of her husband issued on 07.09.1982 for the easy process of her application by the Central Government.

7. In spite of all the necessary documents had been forwarded, the application submitted by the petitioner in the year 1973 had not at all been considered by the respondent and therefore, the petitioner having waited for several years had sent a representation dated 24.11.1998. Since, that representation also was not considered, the petitioner made further representation on 16.05.2000 and the same was also not considered. The petitioner made another representation on 05.01.2002

8. Only after sending these representations and especially triggered by the last such representation given by the petitioner dated 05.01.2002, the respondent had acted upon and rejected the claim of the petitioner for sanctioning Central Government Freedom Fighters Family Pension under Swatantrata Sainik Samman Pension Scheme, 1980, by the impugned order dated 14.01.2003. Challenging the said order dated 14.01.2003, the petitioner has filed this writ petition with the aforesaid prayer.

9. I have heard Mr.R.N.Kothandaraman, learned counsel for the petitioner who would submit that, the petitioner's husband had been the member of INA an