Coming to the rescue of a 95-year-old freedom fighter, Madras High Court today dismissed an appeal of the Home Ministry challenging the direction of a single judge to sanction him the Swathanthratha Sainik Samman pension.
The Ministry of Home affairs (Freedom Fighters Division) contended that the pensioner did not satisfy the requirement of the scheme governing payment of Freedom Fighters pension.
Additional Solicitor General G Masilamani argued that even if the State Government has granted the Freedom Fighters pension, it will not make the Central Government grant the pension automatically.
Referring to an earlier decision by the Court, the First Bench, comprising Acting Chief Justice Sathish K Agnihotri and Justice K Ravichandrabaabu, said "once a certificate from Indian Independence League is produced, it will not be necessary to insist on production of records with regard to jail sufferings by the freedom fighter who applies for the pension."
The bench said requirement for sanction of the central government scheme has been satisfied by the petitioner.
In the present case the petitioner was issued with 'Tamara Patra' by the state government in 1973 during the Silver Jubilee Celebration of Indian Independence, in recognition of his services as Freedom Fighter.
Referring to an earlier court order said, the judges said "once 'Tamara Patra' has been granted, the concerned Government should automatically grant pension without any further enquiry or proof."
Citing a Supreme Court decision, the bench further said that authorities concerned were required to adopt a rational and not a technical approach in appreciating the scheme for the benefit of Freedom Fighters pension.
It found no infirmity in the decision rendered by the single judge, the bench said and dismissed the appeal.
A single judge had on October 1, 2012, allowed a petition filed by M Rajagopal, a freedom fighter of Solapandi village in Thanjavur District, and directed the Centre to sanction the Swathanthratha Sainik Samman pension to him from the date of recommendations made by state government on October 20, 1973.
