Calcutta High Court Directs MHA To Transfer Entitlements, Refund Over Rs 5 Lakh To Freedom Fighter Pension Scheme Beneficiary’s Son

The Calcutta High Court recently directed the Union Government to transfer the pension entitlements of a deceased Freedom Fighter, which was due to him and was credited under the Swatantra Sainik Samman (SSS) Pension Scheme but was later returned to the Union Home Ministry as he had failed to submit the Life Certificate (LC), to his only son.

The single judge bench of Justice Moushumi Bhattacharya observed:

“The return of the pension was sought to be justified by the respondents on an incorrect premise and on the presumption of a retrospective application of a Revised Policy Guidelines. Thus, the reason to deny the petitioner his right to the amounts as the sole surviving heir of his freedom fighter father is baseless.”

The petitioner’s father was a freedom fighter and used to draw pension under SSS Pension Scheme. The petitioner’s father died on April 21, 2014 and his mother had already passed away. 

The petitioner prayed for setting aside of the letters dated August 19, 2015 and July 10, 2018 issued by the Ministry of Home Affairs, Union of India with regard to cancellation of the SSS Pension Scheme. He further prayed for a mandamus commanding the Union of India to transfer the pension entitlements of his father from June, 2011 till his father’s death on April 21, 2014 and disburse such payments in favour of the petitioner.

The letter dated July 10, 2018 stated that vide paragraph 2.3 of the Revised Policy Guidelines dated August 6, 2014 the pensioner is required to submit his Life Certificate by November 30 every year and if this is not done till next October 31, the pension shall be deemed to have been cancelled.

The court noted that the Revised Policy Guidelines was brought out by the Home Ministry after the death of the petitioner’s father on April 21, 2014 and therefore, the Revised Policy Guidelines cannot be deemed to have retrospective effect. The court further noted that the pension had been auto-credited to the petitioner’s father’s account from 2008-2011 even without the furnishing of the Life Certificate.

“The LC is in the nature of evidence and its purpose is to demonstrate that the pensioner is still alive. The petitioner’s father was able to furnish the Life Certificate until 2008. The fact that the petitioner’s father lived till 6 years after 2008 and died on 21.4.2014 is recorded in the impugned letter issued by the Ministry of Home Affairs on 10.7.2018. Hence, there is no conceivable reason as to why the pension rightfully due to the petitioner’s father from 2008-2011 was returned by the Bank to the Ministry. There is also no tenable reason indicated in the letters issued by the Ministry as to the reason why the petitioner’s father’s pension under the SSS Pension Scheme would be withheld from June, 2011 till 21.4.2014, that is after the Ministry stopped autocrediting the pension to the petitioner’s father’s account. The fact of the petitioner’s father’s death on 21.4.2014 is recorded in the letters issued by the Ministry of Home Affairs which further corroborates the pensioner’s entitlements to the pension under the Scheme,” said the court.

The court further noted that the petitioner is the only surviving legal heir of his father who was the beneficiary of the SSS Pension Scheme and he was also made a nominee during the life of his father.

Thus, the court directed the Union of India to transfer the pension entitlements of the deceased freedom fighter to the petitioner’s account from June, 2011 to April 21, 2014 within 7 days.

The court further directed the Ministry of Home Affairs to refund the amount of Rs. 5, 69,119/- to the petitioner’s account within a period of 6 weeks from the date on which the petitioner intimates the account details to the Bank and the Ministry.

Case Title: Dipak Kumar Giri v. Union of India & Ors

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