IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 08.09.2021 CORAM The Honourable Mrs.Justice Pushpa Sathyanarayana and The Honourable Mr.Justice Krishnan Ramasamy W.A.No.1075 of 2020 and C.M.P.No.13142 of 2020

1.The State of Tamil Nadu, Rep.by Secretary to Government, Public (Political Pension -4) Department, Fort St.George, Secretariat, Chennai – 600 009.

2.The District Collector, Dharmapuri District, Dharmapuri - 636 705. ... Appellants vs C.Sidhasamy ... Respondent Prayer:Writ Appeal filed under clause 15 of the Letters Patent Act against the final order dated 28.02.2020, made in W.P.No.26365 of 2019.

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For Appellants : Mr.T.N.C.Kaushik State Government Counsel For Respondent : Mr.K.Goviganesan

JUDGMENT

(Delivered by Pushpa Sathyanarayana.J., )

This Writ Appeal is directed against the order of the learned Single Judge made in W.P.No.26365 of 2019 dated 28.02.2020.

2.In the writ petition, there was a direction to the first respondent therein, who is the Secretary to Government, to consider the name of the writ petitioner, a freedom fighter and pass order under Freedom Fighters Pension Scheme.

3.The order impugned in the writ petition, was set aside by the learned Single Judge after elaborately considering the same on merits and also holding that the second appellant herein can only be a recommending authority and the first respondent is the competent authority to pass order and remitted the matter to the first respondent, granting four weeks time to consider the application of the writ petitioner for grant of freedom fighter pension. Instead of considering the case of the writ petitioner by affording him an opportunity of personal hearing, the first appellant passed an order dated 13.10.2020, advising the learned Government Pleader to file a Writ Appeal.

4.The learned Single Judge had only remitted the matter to the first appellant with a direction to consider the claim of the writ petitioner. Instead of obeying the said order, the present appeal is filed against the said order, which in our view, is not maintanable. The appeal is adviced to be filed in a mechanical manner without application of mind. The respondent is a Freedom Fighter who is 93 years old and cannot be disrespected in this manner and the directions given by the Writ Court is confirmed, to be complied within four weeks.

5.In view of the above, the Writ Appeal is dismissed. No costs.

Consequently, connected miscellaneous petition is closed.

Post for reporting compliance on 20.10.2021.

[P.S.N., J.] [K.R., J.]

08.09.2021 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order rst Note to Office:

Registry is directed to upload copy of the order on 17.09.2021 and issue order copy on 20.09.2021.

PUSHPA SATHYANARAYANA, J.

and KRISHNAN RAMASAMY, J.

rst W.A.No.1075 of 2020 and C.M.P.No.13142 of 2020

08.09.2021