Chennai: The year 2019 began on a good note for a nonagenarian, who was struggling to eke out his livelihood, with the Madras high court directing the state government to grant the State Freedom Fighters Pension to him within eight weeks.
Disposing of the petition filed by Perumal, justice Pushpa Sathyanarayana said, “The petitioner claims to be about 96-year-old and instead of driving him to again go before the respondents (authorities), directing the respondents to sanction him State Freedom Fighters Pension from the date of his application that would meet the ends of justice. Accordingly, the respondents are directed to grant the State Freedom Fighters Pension to the petitioner withineight weeks.”
The petitioner had participated in the freedom movement and he was arrested and suffered imprisonment at the Bellary jail from October 15, 1942 to January 14, 1943. He had been taking part in various social activities thereafter. Though he was struggling to eke out his livelihood, he did not want to apply for pension, as according to him, it was a sacred duty to the nation. But, poverty finally drove him to apply for pension. However, the Krishnagiri district collector sent the impugned proceedings to the state government to turn down his request. The subsequent applications submitted by him were also rejected by the state government in 2014. Hence, he filed the present petition.
The judge said from the date of introduction of the scheme to the freedom fighters, the government issued various orders periodically prescribing the eligibility for availing the benefit. The government issued an order dated February 7, 1996, modifying the procedure for obtaining the co-prisoner certificates in the matter of grant of State Freedom Fighters Pension. There was no mention in the order as to whether the request of the petitioner was considered by the district screening committee, as mandated in the government orders.
In the absence of the same, the district collector alone cannot reject the request of the petitioner, the judge added.
Quoting various judgments, the judge said a perusal of the principles enunciated in the judgments make it amply clear that age cannot be the deciding factor to grant or refuse the pension to a freedom fighter.
