Pension finally ordered for freedom fighter’s widow

CHENNAI: Many in our country born after 1947 may not be even aware of the Indian freedom struggle though they enjoy its benefits and also misuse it, the Madras High Court observed while granting relief to a 73-year-old widow of a freedom fighter who was denied the benefits of a pension scheme.

Justice S Vaidyanathan termed the order of the Special Deputy Collector, Social Security Scheme, Coimbatore, not sustainable and granted the benefits of the Central government’s freedom fighter pension scheme to widow of one C Kanniah. 

The court stressed that a letter dated May 5, 1961, by the All India INA Committee certified that Kanniah was a member of the Indian National Army and a political sufferer. The court in its order observed, “Many of us who were born after 1947 may not be aware as to how the struggle for independence took place and we are enjoying the benefits of freedom and some are misusing it.”

“This court is of the view that, it is only a technical objection, more so, when the benefits of Freedom Fighter’s Pension have been extended to the petitioner by the State government ... Extension of pension to the dependent after the demise of the freedom fighter itself is ample proof that the eligibility criteria to receive pension has been fulfilled.

In the case on hand, when the freedom fighter has been recognised and when the petitioner herein has been recognised as his spouse, standing on technicalities that, no application has been forwarded by the State government to the Central government, will not serve the purpose. Illegality cannot be condoned, but irregularity can be condoned and benefits can be extended. The object of the 1980 Pension Scheme is to benefit the kith and kin of freedom fighters. Mere contradictions and discrepancies may not be material to deprive pension,” the order stated.

The judge also added that the authorities needed to appreciate that the widow is now 73 years old and that memory may fail with age leaving older persons unable to make decisions. The court directed the State to send the application seeking the pension to the Union government.