Case Note & Summary
The petitioner, Madrawati d/o Arjun Kshirsagar, an 88-year-old participant in the Hyderabad Mukti Sangram (1947-48), filed a writ petition seeking freedom fighters' pension under both State and Central Government Schemes. She had applied on 03.02.1995 and again on 03.02.2004, but the State Government sanctioned her pension only on 30.05.2018, and the Central Government had not yet decided her claim. The petitioner argued that pension should be granted from the date of application, relying on Mukundlal Bhandari v. Union of India, AIR 1993 SC 1927, which held that grant of pension from the date of application is the rule. The respondents contended that the petitioner had not produced the certificate of imprisonment earlier, and that pension could only be granted from the date of sanction. The Court analyzed the scheme and the precedent, noting that the government's delay in verification cannot be held against the applicant. The Court allowed the petition, directing the State to pay arrears from 03.02.1995 under the State Scheme within three months, and directed the Central Government to decide the petitioner's application for Central pension within three months, considering the State's sanction as a relevant factor.
Headnote
A) Freedom Fighters' Pension - Date of Entitlement - Arrears from Date of Application - The petitioner, a participant in Hyderabad Mukti Sangram, applied for pension on 03.02.1995 but pension was sanctioned only on 30.05.2018 under the State Scheme. The Court held that pension should be granted from the date of application, as delay in verification by the government cannot prejudice the applicant. Reliance placed on Mukundlal Bhandari v. Union of India, AIR 1993 SC 1927, which held that grant of pension from date of application is the rule. The Court directed payment of arrears from 03.02.1995 under the State Scheme and also directed consideration of the Central Scheme application. (Paras 1-11)
Issue of Consideration
Whether the petitioner is entitled to freedom fighters' pension under the State and Central Government Schemes from the date of her application (03.02.1995) instead of from the date of sanction (30.05.2018), and whether delay in producing the imprisonment certificate justifies denial of arrears.
Final Decision
The petition is allowed. Respondent No.1 (State of Maharashtra) is directed to pay arrears of pension under the State Scheme from 03.02.1995 to 29.05.2018 within three months. Respondent No.4 (Ministry of Home Affairs) is directed to decide the petitioner's application for Central pension within three months, considering the State's sanction as a relevant factor.
Law Points
- Freedom fighters' pension should be granted from the date of application
- delay in verification by government not a ground to deny arrears
- certificate of imprisonment produced late does not disentitle pension from application date
