‘Lackadaisical Approach’: Delhi High Court Imposes ₹20K Cost On Centre For Failing To Pay Pension To 96 -Yr-Old Freedom Fighter

The Delhi High Court has imposed Rs. 20,000 cost on the Union Government for its lackadaisical approach and failure to pay “Swatantrata Sainik Samman Pension” to a 96 years old freedom fighter, who participated in Quit India Movement and other movements associated with the country’s independence.

Justice Subramonium Prasad said that the inaction of the Central Government is an insult to the freedom fighter Uttim Lal Singh, who was declared as a proclaimed offender, and that his entire land would have been attached in the proceedings initiated by the British Government.

The court directed the Union Government to release the freedom fighter’s pension within 12 weeks, along with the interest @ 6% per annum from August 01, 1980, till the date of payment of the pension amount.

“For the lackadaisical approach of the Union of India, this Court deems it fit to impose costs of Rs.20,000/- on the Union of India. Let the Costs be paid to the Petitioner within 6 weeks from today,” the court said.

The Bihar Government had recommended Singh’s case but the original documents sent by it were lost by the Central Government. Last year, the Bihar Government once again verified Singh’s documents.

Allowing the plea, the court said that when the State of Bihar had already recommended Singh’s name for grant of pension and the concerned District Magistrate had last year verified his name, it was unable to fathom as to why the freedom fighter was not being given the benefit.

Observing that the very spirit of the Pension Scheme was being defeated by the stonewall approach of the Union Government which cannot be appreciated, Justice Prasad said:

“It is painful to see the way in which the Freedom Fighters are being treated and the insensitivity shown by the Union of India towards Freedom Fighter who has fought for the independence of the country.”

The court also said that the Swatantrata Sainik Samman Pension Scheme was announced by the Government of India to honour the freedom fighters who gave their seat and blood to secure the freedom of the country, adding that a 96 years old freedom fighter has been made to run from pillar to post to get his rightful pension.

“A perusal of the facts of the case and the affidavit filed by the State of Bihar reflects that all the documents relating to the Petitioner have been verified and the insistence of the Union of India to re-verify the documents again and again cannot be accepted. Accordingly, the Writ Petition is allowed,” the court said.

Counsel for Petitioner: Mr. I. C. Mishra with Mr. Anwar Ali Khan, Advs

Counsel for Respondents: Mr. Anurag Ahluwalia, CGSC for R-1 to 3/UoI. Mr. Rohan Gupta, GP Mr. Azmat H. Amanullah and Mr. Nitya Sharma, Adv for R-4/State of Bihar

Title: UTTIM LAL SINGH UOI & OTHERS

Citation: 2023 LiveLaw (Del) 1057

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