Case Note & Summary
The respondent, a 93-year-old freedom fighter, claimed to have participated in the Quit India Movement of 1942 and sought freedom fighters' pension from the State of Karnataka. The State rejected his claim by order dated 17.10.2018. The respondent challenged this rejection in W.P.No.108118/2018, which was allowed by the learned Single Judge on 18.09.2020, quashing the rejection order and remitting the matter to the State for fresh consideration within two months. However, the State failed to comply with this direction. Consequently, the respondent filed W.P.No.103750/2021 seeking compliance, which was allowed on 04.10.2021, directing the State to pass appropriate orders regarding grant of pension with arrears. Aggrieved, the State filed the present writ appeal. The Division Bench, after hearing the parties, dismissed the appeal, holding that the State cannot disregard court orders and must reconsider the claim afresh in accordance with law. The court noted that the respondent is aged 93 years and the State's delay was unjustified. The appeal was dismissed with no order as to costs.
Headnote
A) Freedom Fighters' Pension - Quit India Movement - Remand Order Compliance - The State failed to comply with the direction to reconsider the respondent's claim for freedom fighters' pension within two months as per the earlier order in W.P.No.108118/2018 dated 18.09.2020. The learned Single Judge in W.P.No.103750/2021 directed compliance. The Division Bench upheld the order, holding that the State cannot ignore court directions and must reconsider the claim afresh in accordance with law. (Paras 1-3)
Issue of Consideration
Whether the learned Single Judge was justified in directing the State to comply with earlier directions to reconsider the respondent's claim for freedom fighters' pension, despite the State's failure to do so within the stipulated time.
Final Decision
The writ appeal is dismissed. The order dated 04.10.2021 passed by the learned Single Judge in W.P.No.103750/2021 is upheld. The appellants are directed to comply with the directions issued in W.P.No.108118/2018 dated 18.09.2020 and pass appropriate orders regarding grant of freedom fighters' pension together with all arrears in favour of the respondent, within a period of two months from the date of receipt of a copy of this judgment. No order as to costs.
Law Points
- Freedom fighters' pension
- Quit India Movement
- Remand order
- Compliance with court directions
- Writ appeal against non-compliance
Case Details
2023 LawText (KAR) (07) 86
Writ Appeal No.100239 of 2022 (GM-FF)
Smt. Vidyavathi M. Kotturshettar, AAG and Sri. V.S.Kalasurmath, HCGP for appellants; Sri. H.M.Dharigond and Smt. Sangeetha F. Kallimani, Advocates for respondent
The State of Karnataka, represented by Principal Secretary, Department of DPAR (Political Pension), M.S.Building, Bengaluru-560001; The Deputy Commissioner, Belagavi District, Belagavi-590001; The Assistant Commissioner, Bailhongal, Sub Division, Bailhongal, District Belagavi-591102; The Joint Director, District Treasury Office, Belagavi District, Belagavi-591102
Sri. Gurappa S/o. Rudrappa Kalabhavi, Age 93 Years, Occ: Agriculture, R/o. Udakeri, Tq. Bailhongal, District Belagavi - 591102
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Nature of Litigation
Writ appeal against order directing compliance with earlier direction to reconsider freedom fighters' pension claim.
Remedy Sought
The appellants (State of Karnataka) sought to set aside the order dated 04.10.2021 passed by the learned Single Judge in W.P.No.103750/2021, which directed them to comply with earlier directions to reconsider the respondent's claim for freedom fighters' pension.
Filing Reason
The State failed to comply with the direction in W.P.No.108118/2018 dated 18.09.2020 to reconsider the respondent's claim within two months, leading to the respondent filing a fresh writ petition for compliance.
Previous Decisions
The learned Single Judge in W.P.No.108118/2018 dated 18.09.2020 quashed the order dated 17.10.2018 rejecting the respondent's pension claim and remitted the matter to the State for fresh consideration within two months. The State did not comply, leading to W.P.No.103750/2021, which was allowed on 04.10.2021 directing compliance.
Issues
Whether the learned Single Judge was justified in directing the State to comply with the earlier direction to reconsider the respondent's claim for freedom fighters' pension.
Whether the State's failure to comply with the court's direction within the stipulated time was justified.
Submissions/Arguments
The appellants argued that the learned Single Judge erred in directing compliance without considering the merits of the pension claim.
The respondent argued that the State deliberately ignored the court's direction and sought compliance to avoid further delay, given his advanced age.
Ratio Decidendi
The State cannot disregard court orders and must comply with directions to reconsider a freedom fighter's pension claim. The delay in compliance is unjustified, especially given the claimant's advanced age.
Judgment Excerpts
The appellants in this writ appeal have questioned the correctness and validity of the order dated 04.10.2021, passed by the learned Single Judge in Writ Petition No.103750/2021, wherein the learned single Judge by allowing the writ petition directed the appellants to comply with the directions issued by the learned single Judge in W.P.No.108118/2018 dated 18.09.2020 and to pass appropriate orders regarding grant of freedom fighters' pension together with all arrears in favour of the respondent.
Brief facts which are necessary for disposal of this appeal are as under: The respondent is a freedom fighter and is said to have participated in the Quit India Movement in the year 1942.
Procedural History
The respondent filed W.P.No.108118/2018 challenging the rejection of his freedom fighters' pension claim. The learned Single Judge allowed the petition on 18.09.2020, quashing the rejection order and remitting the matter to the State for fresh consideration within two months. The State failed to comply. The respondent then filed W.P.No.103750/2021 seeking compliance, which was allowed on 04.10.2021. The State filed the present writ appeal against that order.
Acts & Sections
- Karnataka High Court Act, 1961: Section 4
