The court emphasized a liberal approach to evidentiary standards in pension claims under the Swatantrata Sainik Samman Pension Scheme, prioritizing the spirit of honoring freedom fighters over strict adherence to documentation.

JUDGMENT

S. MANIKUMAR, CJ

Instant writ appeals are filed by the Union of India, represented by Deputy Secretary to the Government, Ministry of Home Affairs, Freedom Fighter's Division, New Delhi, respondent in the writ petitions, challenging the judgments passed in W.P.(C) No.2470/2014 dated 9.2.2018 and W.P. (C) No.36191/2018 dated 29.11.2018 respectively. Since the writ petitions are of a similar nature, on agreement, we heard them together.

2. By the impugned judgments, learned single Judge directed the appellant to grant Swatantrata Sainik Samman Pension (freedom fighter's pension), to the respective petitioners along with arrears thereon, within a time frame.

3. Relevant portions of the judgment impugned in W.A. No.122/2019 are extracted hereunder:

“13. These claimants have been pursuing the matter for quite a long time and claimants have participated in the Punnapra Vayalar movement that took place in October, 1946. Long years have elapsed after the said historic event. Therefore, this Court is fully inclined to accept the reasoning rendered by this Court in the judgment dated 30.5.2018 in W.P.(C).No. 14070/2013 and would follow the said directions, which had allowed the claim on merits. It should also be borne in mind that the present generation is able to enjoy the oxygen of freedom and liberty only because of the sufferings of the freedom fighters, who took part in the historical struggle for making India free from colonial rule. Therefore, this Court is of the considered view that again making a remit would be unjust and would unnecessarily prolong the matter. Therefore, going by the reasonings and the line of directions issued by this Court in W.P.(C).No. 10470/2013, it is ordered that the respective impugned orders in these three cases issued by the respondent Union Government authorities will stand set aside. It is further ordered and declared that the petitioners/ claimants concerned herein in these 3 cases are entitled for grant of Central SSS Pension in accordance with the Central scheme. The petitioner will be entitled for grant of pension and its arrears from the respective dates of issuance of the present rejection orders passed by the respondent Union Government, which have now been quashed. So the petitioners in W.P.(C).No.19452/2013, W.P. (C).No.13863/ 2013 and W.P.(C).No. 2470/ 2014 will be entitled for grant of freedom fighters' pension and its arrears from 25.6.2013, 11.2.2013 and 15.1.2014 respectively. The pension and arrears of pension should be released to the respective petitioners concerned in these three cases within three months from the date of production of a certified copy of this judgment.

With these observations and directions, the above Writ Petitions (Civil) stand finally disposed of.”

4. Relevant portions of the judgment impugned in W.A. No.1691/2019 are extracted hereunder:

“12. In order to ensure that any such technical lacuna is rectified it is ordered in the interest of justice that the competent authority among 2nd respondent State Government will forthwith issue a letter to the 1st respondent Union Government stating that in view of the above said judgments of this Court in Ext.P-15 W.P.(C).No. 12038/2008, W.A.No. 829/2013, Ext.P-14 W.P.(C).No. 2692/2013 as well as the directions in this judgment that the C.C.No. 238/1124 ME on the file of the Divisional First Class Magistrate Court, Alappuzha in which the petitioner's husband was convicted under Sec. 9(5) of the Travancore Emergency Powers Act , 1122 ME is one in relation to Punnapra-Vayalar movement and also further reiterating the verification and recommendation in favour of the petitioner as in Ext.P-8 and verification-cum-entitlement report is given in the necessary proforma as per the Central scheme. Communication in this regard should be issued by the 2nd respondent addressed to the 1st respondent Union Government within a period of 3 weeks from the date of production of a certified copy of this judgment.

13. It is further ordered