Madras High Court issues non-bailable warrant against T.N. official for not paying pension arrears to 97-year-old freedom fighter

The Madras High Court has issued a non bailable warrant against the Additional Secretary, Public (political pension) Department for not having paid arrears of pension, from 2008 to 2021, to a 97-year-old freedom fighter despite specific orders passed by the court on April 18, 2022.

The Madras High Court has issued a non bailable warrant against the Additional Secretary, Public (political pension) Department for not having paid arrears of pension, from 2008 to 2021, to a 97-year-old freedom fighter despite specific orders passed by the court on April 18, 2022.

Justice Anita Sumanth directed the Greater Chennai Commissioner of Police to execute the non-bailable warrant and produce the Additional Secretary, Anthonysamy, before the court on July 8. The direction was issued on a contempt plea moved by the freedom fighter M. Velu of Tiruvallur district.

The litigant had been granted the State government’s freedom fighter pension only from 2021 for having been part of Netaji Subash Chandra Bose led Indian National Army (INA). Thereafter, he filed a writ petition in the High Court in the same year seeking arrears of pension from 1987.

While disposing of his case in April 2022, Justice Sumanth did not find any proof of an application for pension having been submitted by him in 1987. However, she found that a 2009 government letter had a reference to an application made by him on December 13, 2008.

Therefore, the judge disposed of the writ petition with a direction to the State government, represented by the Additional Secretary, to pay arrears of pension from 2008 to 2021 within a period of six weeks or end up paying interest too at the rate of 6% for every delayed month.

The government filed a writ appeal, against her order, in 2023 but the first Division Bench of Chief Justice Sanjay V. Gangapurwala (since retired) and Justice P.D. Audikesavalu dismissed the appeal on June 28, 2023. Even thereafter, the arrears were not paid leading to the present contempt plea.

Opposing the contempt petition, Additional Advocate General P. Kumaresan told the court that the government had decided to file a review petition against the dismissal of its writ appeal. However, not impressed with the submission, Justice Sumanth initially granted 10 more days time to disburse the arrears.