Eligibility for welfare schemes must adhere to defined criteria; courts cannot expand these requirements without undermining statutory integrity.

ORDER :

S.M. Subramaniam, J.

Under assail is the writ order dated 28.10.2020 in WP.No.40412 of 2005.

2. Union of India preferred the present writ petition mainly on the ground that the applicant/deceased Freedom Fighter is ineligible to avail the Central Freedom Fighters Pension scheme, since requisite eligibility criteria has not been complied with. Writ Court has not considered the eligibility criteria and made a finding that eligibility criteria need not be strictly adopted in each and every case. Thus, present intra-court appeal came to be instituted.

3. Writ petition has been instituted initially by the Freedom Fighter, and on account of his death, legal heirs are substituted. Freedom Fighter filed an affidavit stating that he participated during the freedom struggle in Coimbatore District organized against British Government, and as a part of national struggle for independence by Mahatma Gandhiji. He would submit that he participated in Quit India Movement and several other agitations against the British Government. Freedom Fighter was lodged in Coimbatore Central Prison as a trial prisoner from 01.09.1942 to 16.04.1943 for more than a period of six months. Since State Government Freedom Fighters Pension Scheme was granted to the Freedom Fighter, he submitted an application seeking Freedom Fighters Pension under the Central Scheme. Competent Authority of the Central Government rejected the same in Proceedings, dated 27.07.2005. Thus, writ petition came to be instituted.

4. Writ Court has elaborately dealt with the issue and made a finding that, eligibility criteria need not be strictly adopted in each and every case, if the case of the Freedom Fighter pension seeker is accepted, prima facie, by the State Government, and the State granted pension under State Government Scheme. Writ Court formed an opinion that once the State Government extended the benefit of Freedom Fighter Pension Scheme, then the Central Government has to extend the same, and the eligibility criteria fixed by Central Government scheme need not be followed strictly.

5. This Court has to examine, whether such a finding, which resulted in allowing of writ petition, would be in consonance with legal principles or not.

6. Freedom Fighters Pension Scheme is a welfare scheme declared by State Government as well as by Government of India for the benefit of Freedom Fighters. Therefore, welfare scheme is a concession extended to Freedom Fighters recognising their contributions during freedom struggle. Therefore, welfare schemes and concessions ought to be implemented scrupulously by following the terms and conditions. High Court in exercise of powers of judicial review cannot expand the scope of the policy decisions, especially in the matter of grant of pension to Freedom Fighters or to any other persons under Special Schemes. In the event of diluting the terms and conditions of the scheme, it will result in opening of Pandora’s box and many such ineligible persons will seek benefits under the scheme, which would result in financial loss to the exchequer. Therefore, welfare schemes are to be implemented scrupulously in terms and conditions as stipulated.

7. In the above backdrop, let us now look into the decision of the Hon’ble Supreme Court in the matter of grant of Freedom Fighters Pension Scheme. In the case of Jagdamba Devi Vs. Union of India and Others , 2017 3 SCC 688 . The Hon’ble Supreme Court dealt with the Swatantrata Sainik Samman Pension Scheme (hereinafter referred as “SSS Scheme”), under which the respondent/writ petitioner submitted an application to the Government of India. The Apex Court in para 17 held as follows,

“17. That Swatantrata Sainik Samman Pension Scheme, 19