The Delhi High Court on Monday directed the Centre to pay pension, along with ₹1 lakh cost, to a 95-year-old freedom fighter, who had to fight for nearly 40 years to secure his pension.

The High Court noted that freedom fighter Heera Singh had applied for grant of pension under the Swatantrata Sainik Samman Pension Scheme (SSSPS) Pension Scheme in 1982. However, he had to fight a battle for nearly 40 years to secure his entitlement.

“Complacency and inertia are endemic to mankind, and the instant case presents a classic example thereof. Ensconced in our ivory towers, we have become blind, and deaf, to the plight of those who made a cosy existence, for us, possible,” Justice C. Hari Shankar observed.

The judge remarked that of the 40 years, 25 years were taken by the Centre to reject his application in June 2007, which was filed in March 1982, and “there is no explanation, whatsoever, for this delay”.

Mr. Singh, in his petition, said during the freedom struggle, he along with other compatriots had captured a railway station, post office and police station which disconnected avenues of communications for the British at Madhubani town in Darbhanga headquarters as well as from Patna.

‘Proclaimed offender’

Following this, criminal proceedings were initiated against him and others by the British government. As he was absconding, a non-bailable warrant was issued against him and he was declared a proclaimed offender.

Mr. Singh said he had remained underground from August, 1942 to December, 1946, which exceeded the requisite period of six months as prescribed under the SSS Pension Scheme, and for this reason, he was declared a proclaimed offender by the competent court in 1944.

‘Capricious decision’

The court said it was of the opinion that the decision of the Centre to deny pension to Mr. Singh under the scheme is “capricious in the extreme” and that he fulfilled all the entitlements for grant of pension.

Allowing Mr. Singh’s petition, the court directed the government to disburse the entire arrears of pension along with ₹1 lakh cost awarded to him within four weeks from Monday, failing which the Centre would have to pay the interest on the entire amount at the rate of 12% per annum.