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2024 Supreme(Gau) 616
IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
SANJAY KUMAR MEDHI, BUDI HABUNG, JJ.
E.R. Vekho Swuro – Petitioner
Versus
The Ministry of Home Affairs, Govt. of India, New Delhi – Respondent
PIL No. 18 of 2020
Decided On : 22-05-2024
Advocate Appeared:
For the Petitioner: Nuksungtila.
For the Respondent: Yanger Wati.
IMPORTANT POINT
The specific criteria and requirements for claiming pension under the Swatantrata Sainik Samman Pension Scheme and the discretionary nature of the government in providing benefits to individuals who served in the freedom struggle.
Headnote:
PIL - Recognition and Benefits for Freedom Fighters - Swatantrata Sainik Samman Yojana, 2017-2020 - Article 14 and 21 of the Constitution of India - [Swatantrata Sainik Samman Yojana, 2017-2020] - The court discussed the requirements and criteria for claiming pension under the Swatantrata Sainik Samman Pension Scheme, emphasizing the need for fulfillment of specific criteria by the Freedom Fighters. It highlighted that the scheme does not provide for payment of pension to laborers or porters who had carried ration, clothing, etc. to the INA temporary Camps. The court also acknowledged the discretion of the State or Central Government to identify and provide benefits to those who rendered selfless service in the freedom struggle, but emphasized that such actions are within the government's domain and cannot be mandated through a writ of mandamus.
Fact of the Case:
The petitioner, Chairman of a memorial development society, filed a PIL seeking recognition and benefits for Freedom Fighters and their families in Nagaland, particularly under the Swatantrata Sainik Samman Yojana, 2017-2020.
Finding of the Court:
The court found that the requirements for claiming pension under the Swatantrata Sainik Samman Pension Scheme were not fulfilled by the members connected with the petition. It acknowledged the State Government's recognition of the sacrifice of the respective families by providing a token amount in terms of a package.
Issues: Recognition and benefits for Freedom Fighters and their families in Nagaland, eligibility for pension under the Swatantrata Sainik Samman Pension Scheme, and the discretion of the government in providing benefits to those who rendered selfless service in the freedom struggle.
Ratio Decidendi: The court emphasized the specific criteria and requirements for claiming pension under the Swatantrata Sainik Samman Pension Scheme and highlighted the discretionary nature of the government in providing benefits to individuals who served in the freedom struggle.
Final Decision: The PIL was closed by the court.
JUDGMENT :
SANJAY KUMAR MEDHI, J.
1. Heard Ms. Nuksungtila, learned counsel for the petitioner. Also heard Mr. Yangerwati, learned CGC and Ms. Livika, learned State counsel.
2. The present writ petition instituted as PIL is by one Dr. Er. Vekho Swuro, who is the Chairman of the Netaji Subhash Chandra Bose Memorial Development Society having its head Office at Kohima. The prayer in the PIL is as follows:
“Under these circumstances hereinabove stated your petition most humbly and respectfully prays that your Lordships may graciously be pleased to issue:
(1) A writ in the nature of Mandamus/Certiorari directing the respondent authorities for an order/direction/relief in the form of special status, recognition, pension benefits/family pension/arrears (w.e.f. the date of INA Freedom Fighters started receiving the said Pension Scheme) or one time grant or a rehabilitation package/supplementary financial assist so as to enable the families to run small business or to undertake scientific farming, livestock or other land-based activities which can provide the brave patriot families some assured and sustained earning to the INA Freedom Fighters of Nagaland and its dependents in accordance.
(a) As guaranteed under Article 14 and 21 of the Constitution of India and other Constitutional and legal rights.
(b) And allow the benefits of Swatantrata Sainik Samman Yojana, 2017-2020.
3. It is submitted on behalf of the petitioner that the Freedom Fighters and their beneficiaries in the State of Nagaland are not getting proper recognition and consequent benefits unlike those in the rest of the country. They have also not got the benefits of the Swatantrata Sainik Samman Yojana which is being given in the form of a regular pension to the Freedom Fighters or their families in the rest of the country. In this regard, the learned counsel for the petitioner has drawn the attention of this Court to a detailed representation dated 28.11.2018 submitted to the Home Department, State of Nagaland, which is yet to be responded by way of a formal communication. The learned counsel has also informed that in the meantime, the State Government has formulated a package for disbursement of token amounts to the affected family and in connection with the said process, biometrics are going on. It is submitted that the aforesaid action of the State would be a clear indication of the bona-fide of the claim raised in this writ petition.
4. Ms. Livika, learned State counsel has submitted that though there is a package for release of certain amounts there is no clear instructions as to the objective and basis of the aforesaid package, and therefore, it cannot be assumed that such package would be a recognition for being entitled to be a recipient under the Swatantrata Sainik Samman Yojana. As regards the representation dated 28.11.2018 is concerned, the learned State counsel has informed that the decision is of the Central Government and accordingly the application was duly forwarded to the Central Government. The learned counsel has also submitted that to be entitled for pension under the Swatantrata Sainik Samman Yojana, certain criteria are laid down which requires facing of a trial and/or punishment inflicted on the Freedom Fighter and there is nothing on record to show that any of the members connected with this petition had fulfilled the aforesaid criteria.
5. Supporting the submission of the learned State counsel, Mr. Yangerwati, learned CGC has submitted that there is no discrimination so far as the grant of pension under Swatantrata Sainik Samman Pension Scheme which is uniformly applicable for the entire country. He reiterates that the only requirement is to have the criteria fulfilled by the Freedom Fighter which is clearly mentioned in the Scheme and those are verified by the competent authorities in the State Government. The learned CGC has reiterated that the aforesaid criteria are not claimed to have been fulfilled by any of the members connected in this petition. H
