Tamil Nadu

Can’t deny pension to female descendants

“In law, there cannot be any difference between a male descendant and a female descendant,” the Madras High Court has held while disposing an appeal by the state against a single judge’s order which held that even the female descendants of the freedom fighters “Maruthupandiar Brothers” are entitled for pension, as against the male descendants.

migrator

Chennai

A division bench comprising Justice MM Sundresh and Justice K Ananthi made the observation while setting aside the state’s appeal that already 202 persons have been identified and the same cannot be extended any further.

Pointing out that there are two persons, namely, Kalyani and Kasthuri Kannan, similarly placed to three persons (respondents), who were directed to be given the relief, the bench said, “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 of India.” “So long as, there is no dispute with respect to the respondents being the descendants of the “Maruthupandiar Brothers,” their claim cannot be denied on the premise that only male descendants are entitled to pension,” it held.

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