Case Note & Summary
The petitioner, Madrawati d/o Arjun Kshirsagar, an 88-year-old woman, filed a writ petition seeking freedom fighters' pension under both State and Central Government Schemes for her participation in the Hyderabad Mukti Sangram in 1947-48. She had submitted applications on 03.02.1995 and 03.02.2004. During the pendency of the petition, the State Government sanctioned her pension from 30.05.2018, but she sought pension from the date of her application. The petitioner argued that the government should have promptly verified her applications and granted pension from the application date, relying on the Supreme Court judgment in Mukundlal Bhandari v. Union of India, AIR 1993 SC 1927, which held that grant of freedom fighters' pension from the date of application is the rule. She also cited a Government Resolution in favour of Shri Mallikarjun Chakote dated 11.10.2017, where pension was granted from 03.07.1980. The respondents contended that the certificate of imprisonment was produced late, which caused delay. The court, after considering the submissions, held that the delay in producing the certificate of imprisonment cannot be a ground to deny pension from the date of application, as the inaction of the government machinery should not prejudice the applicant. The court allowed the petition, directing the respondents to grant pension under the State Government Scheme from 03.02.1995 and under the Central Government Scheme from the date of application, with arrears to be paid within three months.
Headnote
A) Freedom Fighters' Pension - Date of Entitlement - Pension from Date of Application - State Government Scheme and Central Government Scheme - The petitioner, a participant in Hyderabad Mukti Sangram (1947-48), applied for pension on 03.02.1995 and 03.02.2004. The State Government sanctioned pension from 30.05.2018. The court held that pension should be granted from the date of application, relying on Mukundlal Bhandari v. Union of India, AIR 1993 SC 1927, and that delay in producing certificate of imprisonment cannot be a ground to deny pension from the application date. (Paras 1-2)
Issue of Consideration
Whether the petitioner is entitled to freedom fighters' pension under State and Central Government Schemes from the date of application (03.02.1995) despite delay in producing certificate of imprisonment.
Final Decision
The petition is allowed. The respondents are directed to grant freedom fighters' pension under the State Government Scheme from 03.02.1995 and under the Central Government Scheme from the date of application. Arrears to be paid within three months.
Law Points
- Freedom fighters' pension should be granted from date of application
- delay in producing certificate of imprisonment not sufficient to deny pension from application date
- inaction of government machinery cannot prejudice applicant
