Benefits Under Freedom Fighters Pension Schemes Should Be Awarded Only To Those Who Are Entitled: Supreme Court

The Supreme Court observed that benefits under freedom fighters pension schemes should be awarded only to those persons who are entitled for the same.

In this case, the writ petitioner approached the Madhya Pradesh High Court seeking pension under the Swatantrata Sainik Samman Pension Scheme, 1980 (for short 'SSS Pension Scheme') introduced by the Central Government on 15.08.1981. He contended that from the period of 21.11.1942 to 20.08.1943 (during which he did not attend the school), he remained underground and hence, would be entitled for pension under the said SSS Pension Scheme. The High Court issued directed to grant pension to him along with 6% interest per annum.

Before the Apex court, in appeal, the state contended that, for being eligible, what was required was that a person should have remained underground for more than six months, provided he was a proclaimed offender; or one on whom an award for arrest/head was announced; or one for whom detention order was issued but not served. The State submitted that none of the requirements are met in this case. On the other hand, the respondent contended that under a similar scheme of the State Government, he has been receiving the freedom fighter's pension and, thus, there is no reason why the same benefits be not accorded to him under the Central Government SSS Pension Scheme.

The court observed that , even assuming that the certificate issued by the school authorities is authentic, simply because he did not attend the school during a particular period, when he was merely about 12 years of age, would not amount to he having remained underground because of his participation in the freedom struggle. If the law or the pension scheme in question requires an application to be accompanied by Non-availability of Record Certificate (NARC), then in absence of the same, the application, if not considered, cannot be faulted, the bench added.

The court also added that the mere fact that the State Government has granted pension under some freedom fighters pension scheme of the State Government would not, by itself, entitle him to claim under the scheme of the Central Government, unless he fulfills the conditions of the Central Government Scheme, which in the present case is SSS Pension Scheme, 1980.

"We are conscious of the fact that those persons who had participated in the freedom struggle of our country, because of which we got independence, should certainly be honoured and if they are entitled to any benefits, which includes pension, they should definitely be provided such benefit. However, such benefits should be awarded only to those persons who are entitled for the same under any Scheme of the Government.", the court said.

The bench noted the following observations made in Union of India Versus Avtar Singh (2006) 6 SCC 493:

"The genuine freedom fighters deserve to be treated with reverence, respect and honour. But at the same time it cannot be lost sight of that people who had no role to play in the freedom struggle should not be permitted to benefit from the liberal approach required to be adopted in the case of the freedom fighters, most of whom in the normal course are septuagenarians and octogenarians.""

The court therefore set aside the High Court judgment.