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2003 Supreme(Cal) 260
High Court of Calcutta
Indira Banerjee, J.
Kalipada Das – Appellant
Versus
Union Of India – Respondent
W.P. 16155(W) Of 2001
Decided On : May 23, 2003
Tabarak Ali, Shyamal Mukherji, Rina Bose
The Court held that the provisions of a beneficial Scheme ought to be interpreted liberally and not in a narrow pedantic manner and that the respondent Under Secretary's interpretation of the provisions of the Scheme was opposed to the spirit of the Scheme.
Headnote:
SWATANTRATA SAINIK SAMMAN SCHEME - PENSION ELIGIBILITY - FREEDOM FIGHTER - UNDERGROUND SUFFERING - INTERPRETATION OF SCHEME - JUDICIAL REVIEW OF ADMINISTRATIVE DECISION.
Fact of the Case:
The petitioner, a freedom fighter, challenged the rejection of his claim for pension under the Swatantrata Sainik Samman Scheme, 1980. The rejection was based on the grounds that the petitioner failed to provide proof of age and that there were discrepancies in the Personal Knowledge Certificates issued by two freedom fighters.
Finding of the Court:
The Court held that the grounds for rejection were absurd and that the respondent Under Secretary had adopted a hyper-technical approach while dealing with the case of a freedom fighter, ignoring the basic principles and/or objectives of the Scheme.
Issues: 1. Whether the petitioner was eligible for pension under the Swatantrata Sainik Samman Scheme, 1980? 2. Whether the respondent Under Secretary's rejection of the petitioner's claim was justified?
Ratio Decidendi: 1. The Court held that the petitioner was eligible for pension under the Scheme as he had suffered imprisonment for nine months and had gone underground for over a year to avoid arrest and/or imprisonment. 2. The Court held that the respondent Under Secretary's rejection of the petitioner's claim was not justified as it was based on absurd grounds and that the respondent Under Secretary had ignored the recommendation of the State Government without lawful justification.
Final Decision: The Court allowed the writ petition, set aside the impugned order, and directed the Union of India to pay pension to the petitioner in accordance with the Scheme from the date of submission of the application for pension.
1. 1. IN this writ petition, the petitioner has challenged an order dated 30th July, 2001 passed by the Under Secretary to the Government of INdia, Ministry of Home Affairs rejecting the claim of the petitioner for pension under Swatantrata Sainik Samman Scheme, 1980.
2. TO mark the completion of twenty five years of Indian Independence, the Government of India announced a scheme named the Freedom Fighters' Pension Scheme, 1972 to reward eligible freedom fighters for their contribution to the cause of the country's freedom. The said scheme, which provides for pension to freedom fighters came into force with effect from 15.8.1972. The grant of pension under the aforesaid scheme was intended to be an honour conferred on freedom fighters for their immense personal sacrifice which won the country freedom from British Rule.
3. IN 1980, the said Scheme was liberalized, and in keeping with the object of the scheme to honour the freedom fighters, renamed the Swatantrata Sainik Samman Scheme, 1980.
4. WHEN the Scheme was first announced in 1980 freedom fighters were sanctioned pension of Rs. 2007- per month. The amount of pension payable to a freedom fighter was since been enhacned from time to time and is now Rs.1,500/- per month. In case of a freedom fighter otherwise eligible for pension, who is no longer alive, one dependent member of his/her family is also entitled to pension at the rates specified in the Scheme. The dependents include as per sequence of preference, the widow and/or widower if he or she has not remarried, unmarried and unemployed daughter, mother and father.
5. THE eligibility criteria for pension as laid down in the Scheme is extracted hereinbelow for convenience : "WHO IS ELIGIBLE For the purpose of grant of Samman Pension under the Scheme, a freedom fighter is :-
(A) A person who had suffered a minimum imprisonment of six months in the mainland Jails before Independence. Ex-INA personnel are also eligible for pension if the Imprisonment/detention suffered by them was outside India for six months or more. In case of women and SC/ST freedom fighters the minimum period of actual imprisonment for eligibility of pension is three months.
EXPLANATION
i) Detention under the orders of the competent authority will be con- sidered as imprisonment.
ii) Period of normal remission upto one month will be treated as part of actual imprisonment.
iii) In case of a trial ending in conviction, under trial period will be counted towards imprisonment suffered.
iv) Broken period(s) of imprisonment will be totalled up for computing the qualifying period.
v) A person who was sentenced for imprisonment for six months or more, but was released prematurely on account of general amnesty and not on account of tendering apology/furnishing a bond or undertaking for good behavior will be treated as eligible for pension.
(B) A person who remained underground for six months or more provided he was :-
i) a proclaimed offender or
ii) one on whom an award for arrest/head was announced ; or
iii) one whose detention order was issue but not served.
EXPLANATION Voluntary underground suffering or self-exile, suffering for party work under the command of the party leader are not recognized for consideration for grant of Samman Pension.
(C) A person who was interned in his home or externed from his district under the orders of the competent authority for six months or more.
(D) A person whose property was confiscated or attached and sold due to participation in the National Freedom Struggle under the orders of the competent authority.
(E) A person who permanently incapacitated during firing or lathi charge.
(F) A person who lost his Government job (Central or State Government, including job in local bodies) and thus deprived means of livelihood for participation in the National Freedom Struggle.
(G) A person who was awarded the punishment of 10 strokes of caning/flogging/whipping. WHO IS A MARTYR ? A MARTYR is a person who died or who was killed in action or in de
