Case Note & Summary
The petitioner, Smt. Anusayabai Khanderao Sure, is the widow of a freedom fighter, Khanderao Sure, who participated in the Bharatnagar Satyagraha in 1939 in the old Hyderabad State. He was convicted and sentenced to rigorous imprisonment for 11 months under Sections 122 and 164 of the Taziral by Nazim Sahib Adalth, Patihan on 7th May 1939. He was detained in Aurangabad Central Prison from 8th May 1939 and released on 10th August 1939 based on an order of the Government, before completing six months of imprisonment. The petitioner and her husband had applied for pension under the Swatantrata Sainik Samman Pension Scheme, 1980. On 15th June 2001, an order was passed denying the pension on the ground that the condition of suffering actual imprisonment of six months was not complied with. The petitioner challenged this order. The court considered the submissions of the petitioner's counsel, who argued that the early release was due to a government order and not due to any application by the husband. The counsel relied on Supreme Court decisions in Mukund Lal Bhandari, Surja, Duli Chand, and Manohar Lal Azad, which held that remission of sentence due to general amnesty does not disentitle freedom fighters to pension. The court allowed the petition, quashed the order dated 15th June 2001, and directed the respondent to grant pension to the petitioner from the date of the original application, with arrears to be paid within three months.
Headnote
A) Pension Law - Swatantrata Sainik Samman Pension Scheme, 1980 - Eligibility - Remission of Sentence - The petitioner's husband was sentenced to 11 months imprisonment but released before completing six months due to a government order. The court held that such remission does not disentitle the freedom fighter to pension under the scheme, following the Supreme Court's decision in Surja and others vs. Union of India. (Paras 2-3)
Issue of Consideration
Whether a freedom fighter who was sentenced to imprisonment for more than six months but released before completing six months due to a government order is entitled to pension under the Swatantrata Sainik Samman Pension Scheme, 1980.
Final Decision
Petition allowed. Order dated 15th June 2001 quashed and set aside. Respondent directed to grant pension to petitioner from the date of original application, with arrears to be paid within three months.
Law Points
- Swatantrata Sainik Samman Pension Scheme
- 1980
- eligibility for pension
- remission of sentence
- general amnesty
- freedom fighter
