Case Note & Summary
The respondent, Smt. Tayawwa, is the widow of Basalingappa Tegur, who was a freedom fighter and participated in the Quit India Movement in 1942. After the introduction of the Freedom Fighters' Pension Scheme, 1969, her husband applied for pension, but the application was rejected. After his death, the respondent applied for pension as a widow. The State of Karnataka, through the Principal Secretary, Department of DPAR (Political Pension), and other authorities, rejected her application by order dated 02.03.2021, citing delay and lack of sufficient evidence. Aggrieved, the respondent filed a writ petition before the High Court of Karnataka, Dharwad Bench, which was allowed by the learned Single Judge on 14.09.2021, quashing the rejection order and directing the State to grant pension with arrears. The State appealed. The Division Bench, comprising Justice R. Devdas and Justice Rajesh Rai K, heard the appeal. The court noted that the Freedom Fighters' Pension Scheme is a beneficial legislation intended to honor freedom fighters and their families. The court held that the delay in filing the application cannot be a ground to deny the pension, especially when the claimant is a widow. The court also found that the rejection order was not a speaking order and did not consider the merits. The Division Bench dismissed the appeal, upholding the Single Judge's order and directing the State to grant pension from the date of application with arrears.
Headnote
A) Pension Law - Freedom Fighters' Pension - Delay in Application - Freedom Fighters' Pension Scheme, 1969 - The respondent, widow of a freedom fighter who participated in the Quit India Movement in 1942, applied for pension after her husband's death. The State rejected the claim citing delay. The High Court held that the Scheme is a beneficial legislation and should be liberally construed. Delay in filing the application cannot be a ground to deny pension to the widow of a freedom fighter. The court directed the State to grant pension with arrears from the date of application. (Paras 1-10)
B) Administrative Law - Quasi-Judicial Orders - Speaking Orders - The order dated 02.03.2021 passed by the State rejecting the pension claim was quashed as it was not a speaking order and did not consider the merits of the claim. The court emphasized that authorities must pass reasoned orders, especially in matters involving beneficial schemes. (Paras 5-8)
Issue of Consideration
Whether the respondent-widow is entitled to freedom fighters' pension under the Freedom Fighters' Pension Scheme, 1969, despite the delay in filing the application after the death of her husband, a freedom fighter.
Final Decision
The Division Bench dismissed the writ appeal, upholding the order of the learned Single Judge dated 14.09.2021. The State is directed to take necessary steps to grant/disburse freedom fighters' pension together with all arrears in favour of the respondent.
Law Points
- Freedom Fighters' Pension Scheme
- 1969
- Widow's pension
- Delay in application
- Liberal interpretation
- Beneficial legislation
Case Details
2023 LawText (KAR) (07) 93
Writ Appeal No.100216 of 2022 (GM-FF)
Justice R. Devdas, Justice Rajesh Rai K
Smt. Vidyavathi M. Kotturshettar, AAG; Sri. V.S. Kalasurmath, HCGP for appellants; Sri. H.M. Dharigond, Smt. Sangeetha F. Kallimani for respondent
The State of Karnataka, represented by Principal Secretary, Department of DPAR (Political Pension), Bengaluru; The Deputy Commissioner, Belagavi District; The Assistant Commissioner, Bailhongal Sub Division; The Joint Director, District Treasury Officer, Belagavi District
Smt. Tayawwa, W/o. Basalingappa Tegur
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Nature of Litigation
Writ appeal against order of Single Judge directing grant of freedom fighters' pension to widow
Remedy Sought
Appellants (State) sought to set aside the order of the Single Judge which quashed the rejection of pension and directed grant of pension with arrears
Filing Reason
The respondent's application for freedom fighters' pension as widow of a freedom fighter was rejected by the State by order dated 02.03.2021
Previous Decisions
The learned Single Judge in W.P.No.103253/2021 dated 14.09.2021 allowed the writ petition, quashed the rejection order, and directed grant of pension with arrears
Issues
Whether the respondent-widow is entitled to freedom fighters' pension under the Freedom Fighters' Pension Scheme, 1969, despite the delay in filing the application after the death of her husband?
Whether the order dated 02.03.2021 rejecting the pension claim was a valid speaking order?
Submissions/Arguments
Appellants argued that the application was filed after a long delay and that the respondent failed to provide sufficient evidence of her husband's participation in the freedom struggle.
Respondent argued that the Freedom Fighters' Pension Scheme is a beneficial legislation and should be liberally construed; delay cannot be a ground to deny pension to a widow.
Ratio Decidendi
The Freedom Fighters' Pension Scheme, 1969 is a beneficial legislation intended to honor freedom fighters and their families. Delay in filing the application cannot be a ground to deny pension to the widow of a freedom fighter. The rejection order must be a speaking order considering the merits of the claim.
Judgment Excerpts
The appellants in this writ appeal have questioned the correctness and validity of the order dated 14.09.2021, passed in W.P.No.103253/2021 wherein the learned single Judge by allowing the writ petition quashed the order dated 02.03.2021 passed by the first appellant herein and further directed to take necessary steps to grant/disburse freedom fighters' pension together with all arrears in favour of the respondent.
The respondent is a widow. Her husband was a freedom fighter and is said to have participated in the Quit India Movement in the year 1942.
Procedural History
The respondent applied for freedom fighters' pension as widow of a freedom fighter. The State rejected the application by order dated 02.03.2021. The respondent filed W.P.No.103253/2021 before the High Court of Karnataka, Dharwad Bench, which was allowed by the learned Single Judge on 14.09.2021, quashing the rejection order and directing grant of pension with arrears. The State filed Writ Appeal No.100216 of 2022 against that order. The appeal was heard and reserved for judgment on 17.04.2023, and judgment was delivered on 07.07.2023.
Acts & Sections
- Karnataka High Court Act, 1961: Section 4
