Case Note & Summary
The case involves a writ appeal filed by the State of Karnataka against an order of a learned Single Judge who allowed the writ petition of Smt. Annapurna Kambar, the widow of late Shri Basappa Kambar. The respondent's husband was recognized as a freedom fighter by the Central Government and was granted pension under the Central Scheme. After his death, the respondent applied for family pension under the Karnataka Freedom Fighters' Pension Rules, 1981. The State rejected her application on the ground that the verification process regarding her husband's freedom fighter status was not completed. The learned Single Judge quashed the State's order and directed the State to grant pension with arrears. The State appealed. The Division Bench held that once the Central Government has recognized a person as a freedom fighter and granted pension, the State Government cannot deny pension under the State Scheme on the ground of insufficient verification. The State is bound by the Central Government's recognition. The appeal was dismissed, and the State was directed to disburse pension to the respondent within three months.
Headnote
A) Freedom Fighters' Pension - Recognition by Central Government - Binding Effect on State - The State Government cannot deny pension to a freedom fighter or his widow on the ground that its own verification process is pending, when the Central Government has already recognized the person as a freedom fighter and granted pension under the Central Scheme. The State is bound by the Central Government's recognition and must grant pension under the State Scheme without further verification. (Paras 5-10) B) Administrative Law - Legitimate Expectation - Pension as Continuing Right - Once a person is recognized as a freedom fighter by the Central Government, the widow has a legitimate expectation to receive pension from the State Government. The State cannot defeat this expectation by insisting on redundant verification. (Paras 8-10) C) Interpretation of Statutes - Karnataka Freedom Fighters' Pension Rules, 1981 - Rule 3 - The Rules do not empower the State to conduct independent verification once the Central Government has granted recognition. The State's role is limited to disbursing pension in accordance with the Central recognition. (Paras 6-8)
Issue of Consideration
Whether the State Government can deny freedom fighters' pension to the widow of a recognized freedom fighter on the ground that the State Government's own verification process was not completed, despite the Central Government having already recognized the freedom fighter and granted pension.
Final Decision
The writ appeal is dismissed. The order of the learned Single Judge dated 14.09.2021 in W.P. No.103248/2021 is upheld. The appellants are directed to take necessary steps to grant/disburse freedom fighters' pension together with all arrears in favour of the respondent within three months from the date of receipt of a copy of this judgment.
Law Points
- Freedom fighters' pension
- Central Government recognition
- State Government's obligation
- Karnataka Freedom Fighters' Pension Rules
- 1981
- Section 4 of Karnataka High Court Act
- 1961
