A single judge bench of the Uttarakhand High Court comprising Justice Sanjaya Kumar Mishra ordered the state government to grant benefits of pension to the wife of the deceased freedom fighter.
Facts:
The husband of the petitioner was a freedom fighter who went to prison for two months for default in the payment of fine of ₹20/- imposed on him for contravening Rule 38(5) of the Defence of India Rules, 1939. He died on 22.12.1978 and on 04.11.1991 he was conferred the status of a freedom fighter by virtue of a certificate issued by the Additional District Magistrate, Nainital. However, the State Government, based upon the report of the District Magistrate, rejected the application of the Petitioner for family pension as dependent of the freedom fighter. It is against this decision that the Petitioner approached the High Court.
Observations:
The Court considered the lack of evidence suggesting that the Petitioner’s husband paid the fine of ₹20 as to conclusively suggesting that he underwent rigorous imprisonment for two years. They discarded the argument advanced by the respondents that the pension scheme in dispute applies only to freedom fighters who underwent imprisonment for two months or more as negatively affecting the case of the petitioner.
The court held that the Scheme of giving pension to the freedom fighter has been formulated by the State with an intention to pay respect to such freedom fighters, who had taken part in the freedom struggle of India and in pursuance thereof, they had suffered incarceration or had been given other kind of torture. Such Scheme is in fact recognizing the contributions of such person(s) by providing him or his dependent a pension. It is in fact a pious obligation of the State Government to recognize the contribution of persons, who had made India independent.
Decision:
The court allowed the petition. It further quashed the impugned order and directed the respondents to grant benefit of family pension to the petitioner from the date of her application.
Date: 20.10.2022
Case: Mohini Devi v State of Uttarakhand
Citation: WP (MS) No. 1858 of 2019
Coram: Justice Sanjaya Kumar Mishra
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