Consider male, female descendants same: HC
The court was hearing an appeal preferred by the state government against the order of the single judge dated September 11, 2020. The single judge who went into the issue at length before holding that even the female descendants of the two freedom fighters are entitled for the pension, as against the male descendants.
The special government pleader appearing for the state submitted that a three-member committee had prepared a list of 202 descendants to provide them freedom fighters’ descendants political pension of Rs 150 per month and passed the GO in 1982.
A division bench of Justices M M Sundresh and S Ananthi observed that they do not find any merit in this appeal. The single judge went into the issue at length. There are two people, namely – Kalyani and Kasthuri Kannan, similarly placed to the three women respondents in the present appeal, who were directed to be given the relief, in pursuant to the orders of the court.
“In law, there cannot be any difference between a male descendant and a female descendant. Any such artificial classification would be hit by Article 14 of the Constitution. So long as there is no dispute with respect to the respondents being the descendants of the Marudhu Pandiyar brothers, their claim cannot be denied on the premise that only male descendants are entitled to pension,” observed the judges.
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Hence, the judges disposed of the petition holding that they are not inclined to interfere with the order of the single judge.
With regard to the plea of the special government pleader that the single judge did not specify the date on which such benefit is to be conferred, the judges observed that since nothing has been stated in this regard, it is well open to the appellants to take a decision themselves in this regard. After all, the single judge has remitted the matter to the authorities concerned, said the judges.