The Calcutta High Court upheld the West Bengal government decision to discontinue monthly pension for dependents or legal heirs of the ‘political sufferers’ of post independence period under the pension scheme meant for ‘freedom fighters’.
Thank you for reading this post, don't forget to subscribe!
WEST BENGAL: The Calcutta High Court upheld the West Bengal government‘s decision to discontinue monthly pensions for dependents or legal heirs of ‘political sufferers’ of the post-independence period under the pension scheme originally meant for ‘freedom fighters’.
A division bench comprising Justices Indra Prasanna Mukerji and Biswaroop Chowdhury concurred with the State’s argument that the scheme was intended exclusively for freedom fighters who resisted British rule and sacrificed for India’s independence, making them and their dependents eligible for pensions.
“It was part of the solemn obligation of the government to provide a means of livelihood to these deserving persons, many of whom with passage of time and age were lacking in financial resources. It was wrongful on the part of the government to alter the scheme and to declare as eligible and include in it persons who had no role to play in the freedom struggle but had taken part in political movements after the country gained independence,”
-the bench observed.
Despite upholding the government’s decision, the bench ordered the formation of a team of three high officials, presided over by an Additional Chief Secretary of the State, to be appointed by the Chief Secretary. This team is to consider reasonable compensation for those affected by the discontinuation of the pension.
“We direct that a sum of Rs 5 lakh be paid as ad hoc compensation to each of such persons within two months of communication of this order,”
-the bench ordered.
The court emphasized that freedom fighters fought against the British, while these ‘political sufferers’ participated in movements against post-independence governments under political patronage to further their political or social agendas.
“Therefore, these persons were not similarly situated as the freedom fighters and could not be equated with them. Their inclusion went against the very purpose for which the scheme was formulated. Their inclusion by the government was improper. This entitled the government to remedy the wrong and rectify the scheme,”
-the bench stated.
By excluding these individuals, the government was fulfilling its obligation under Article 14 of the Constitution of India to rationally classify eligible persons for the freedom fighters’ pension by excluding those who did not participate in the freedom struggle.
The bench acknowledged that these political sufferers and their dependents had been receiving pensions under the scheme for a considerable time.
“But when a scheme or an action of the government is completely flawed in its conception and application founded on a mistaken notion or on erroneous or extraneous considerations or is against the concept of equal treatment of equals, then the policy or whatever benefit that flows from that particular policy or scheme cannot be a source of legitimate expectation for any person or group of persons,”
-the Court underlined.
The bench further noted that continuing the policy in contradiction to the Constitution was out of the question.
Though the political sufferers did not have a legitimate expectation to receive pensions, the Court recognized a ‘human side’ to the issue.
In light of the Directive Principles of State Policy, the Court highlighted the government’s duty to promote social and economic justice and acknowledged the hardship caused by the sudden discontinuation of the pensions.
“These beneficiaries of pension as the dependent heirs of political sufferers are socially backward and completely lacking in economic resources. This pension received was utilized by them to eke out some kind of a livelihood. Deprivation of this pension after a period of thirty years has certainly caused a setback to their lives. It has resulted in sudden and untold hardship,”
-the bench noted.
Justice Mukerji, authoring the judgment, remarked,
“Even if the political sufferers post-independence cannot be placed in the same bracket as freedom fighters, it cannot be ignored that in substantial cases the persons who had taken part in political or social movement post-independence had done it honestly and in good faith with the intention of promoting the goals, aims and objectives of the freedom fighters.”
Citing Articles 38 and 51A of the Constitution, the bench argued that some recognition must be given to the cause of social and economic justice.
“Efforts to further the goals set by the freedom fighters must be made by all citizens. Keeping all these facts in mind, which are humanitarian in nature, we are of the view that the government while implementing its decision to pay pension to the dependent heirs of freedom fighters only under the subject scheme should address its mind to these persons, who are the dependent heirs of political sufferers post-freedom by paying some compensation to them in lieu of discontinuation of the policy of granting them monthly pension,”
–the Court opined.
READ/DOWNLOAD ORDER-
Click Here to Read Previous Reports on Freedom Fighters
FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES
