CHENNAI: The Madras High Court has held that only those freedom fighters who satisfy the conditions prescribed under the scheme are eligible to receive the Freedom Fighters’ Pension.
S Somasundaram, who had participated in various movements against British imperialism, including the Quit India movement, and had undergone imprisonment in the Coimbatore Central Prison from September 1942 to April 1943, had applied for the Freedom Fighters’ Pension under the Central Government’s Swatantrata Sainik Samman Pension Scheme.
Somasundaram contended that since he was already receiving the Freedom Fighters Pension from the TN Government, he was also entitled to receive the pension from the Central Government. However, the Central Government rejected his claim.
Challenging this rejection, Somasundaram filed a petition before the HC. During the pendency of the case, he passed away, following which the proceedings were continued by his legal heir, Rukmani.
A single judge, while allowing the petition, observed that since the State government had granted the pension, strict compliance with the conditions of the Central Government scheme was not necessary, and directed the Central Government to grant pension to Somasundaram. Aggrieved by the order, the Central Government preferred an appeal.
A Division Bench comprising Justices SM Subramaniam and C Kumarappan held that Somasundaram had not fulfilled the conditions stipulated under the Central Government scheme and, therefore, set aside the direction issued by the single judge. At the same time, the Bench granted liberty to his legal heir to submit a fresh application after collecting the requisite documentary evidence, and directed the Central Government to consider such application strictly in accordance with the conditions of the scheme.
The judges further clarified that merely because the State Government had granted a Freedom Fighters’ pension, the Central Government was not obliged to grant a pension as well. Only those freedom fighters who fulfil the conditions laid down under the Central Government scheme are eligible to receive the pension, the Court emphatically held.