Pension to freedom fighters not charity: HC
Srikkanth.D@timesgroup.com
Madurai 30.06.2018
: Granting pension to freedom fighters is not charity by the government but an honour conferred on them, the Madras high court has ruled.
The Madurai bench of the court dismissed a petition by the Union government that sought to reject the pension application of a freedom fighter, P S Periaiah, for a pedantic reason. Justice K Ravichandrabaabu also questioned the Madurai collector’s authority to reject the application outright when he was only expected to make a report or recommendation to the authority.
Periaiah, who was part of the Quit India Movement and the recipient of a pension under a state government scheme, had applied for pension under the Swathantra Sainik Samman Pension scheme of the Union government in 2013. The Madurai collector rejected the application, following which Periaiah moved the court, which ruled in his favour. However, at the age of 91, the freedom fighter died during the pendency of the petition, after which his heirs were made parties to the case.
Meanwhile, the central government challenged the court’s order to grant the pension on the ground that the petitioner did not fulfil mandatory requirements.
“Though two co-prisoner certificates were issued by the petitioner, one such certificate was issued by a person who had undergone the punishment only for five months and not two years as required by rules,” the assistant solicitor general of India, appearing for the government, submitted to the court.
Justice K Ravichandrabaabu, after hearing both sides, expressed concern over the hyper-technical stand taken by the Union government to reject the pension claim.
One of the two co-prisoner certificates produced by Periaiah, had been issued by A M Lakshmanan, a recipient of the central government’s freedom fighter pension. Lakshmanan had certified that Periaiah, who had been incarcerated in the Madurai prison from March 1943 to May 1946 was a bona fide freedom fighter.
No justification for rejecting plea: HC
The other person who issued the certificate was in prison for only five months. “Whether it is certified by one person or two persons, the factum of imprisonment will not change,” the judge said adding that the court finds no justification in the government and the collector rejecting the petition.
The court observed that the sufferings of freedom fighters cannot be looked with technically shaded colour glass to find out how the application can be rejected. “Relevant rules are framed only to achieve the object sought under the beneficial scheme and not to defeat the same on one reason or other.”
The court also gave its piece of mind to the government and the administrators on the sacrifice and the struggle of those who fought for the country’s freedom. “We breathe easy today only because those people volunteered to get their breath choked at the hands of those (colonial) rulers,” the judge said.
Srikkanth.D@timesgroup.com
Madurai 30.06.2018
: Granting pension to freedom fighters is not charity by the government but an honour conferred on them, the Madras high court has ruled.
The Madurai bench of the court dismissed a petition by the Union government that sought to reject the pension application of a freedom fighter, P S Periaiah, for a pedantic reason. Justice K Ravichandrabaabu also questioned the Madurai collector’s authority to reject the application outright when he was only expected to make a report or recommendation to the authority.
Periaiah, who was part of the Quit India Movement and the recipient of a pension under a state government scheme, had applied for pension under the Swathantra Sainik Samman Pension scheme of the Union government in 2013. The Madurai collector rejected the application, following which Periaiah moved the court, which ruled in his favour. However, at the age of 91, the freedom fighter died during the pendency of the petition, after which his heirs were made parties to the case.
Meanwhile, the central government challenged the court’s order to grant the pension on the ground that the petitioner did not fulfil mandatory requirements.
“Though two co-prisoner certificates were issued by the petitioner, one such certificate was issued by a person who had undergone the punishment only for five months and not two years as required by rules,” the assistant solicitor general of India, appearing for the government, submitted to the court.
Justice K Ravichandrabaabu, after hearing both sides, expressed concern over the hyper-technical stand taken by the Union government to reject the pension claim.
One of the two co-prisoner certificates produced by Periaiah, had been issued by A M Lakshmanan, a recipient of the central government’s freedom fighter pension. Lakshmanan had certified that Periaiah, who had been incarcerated in the Madurai prison from March 1943 to May 1946 was a bona fide freedom fighter.
No justification for rejecting plea: HC
The other person who issued the certificate was in prison for only five months. “Whether it is certified by one person or two persons, the factum of imprisonment will not change,” the judge said adding that the court finds no justification in the government and the collector rejecting the petition.
The court observed that the sufferings of freedom fighters cannot be looked with technically shaded colour glass to find out how the application can be rejected. “Relevant rules are framed only to achieve the object sought under the beneficial scheme and not to defeat the same on one reason or other.”
The court also gave its piece of mind to the government and the administrators on the sacrifice and the struggle of those who fought for the country’s freedom. “We breathe easy today only because those people volunteered to get their breath choked at the hands of those (colonial) rulers,” the judge said.
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