Madras HC: Freedom Fighter’s Pension Not Count as ‘Income’ For Denying Benefit Of Family Pension

Debangana Ray

Published on July 28, 2022 at 20:06 IST

The Madras High Court recently reiterated that the Freedom Fighter’s Pension could not be brought under the category of family income for grant of family pension.

It observed that Freedom Fighter’s pension is given to honor the sacrifices made by them for the nation in the freedom struggle.

The court thus allowed a woman’s plea to draw a family pension arising out of her mother’s service in addition to the freedom fighter’s pension.

Justice B Pugalendhi ordered thus, The respondents are directed to grant family pension to the petitioner arising out of the state government civil service of the petitioner’s deceased mother in addition to the freedom fighters pension within a period of eight weeks from the date receipt of a copy of this order. No costs. Consequently connected miscellaneous petition stands closed.”

The court also observed that Freedom Fighter’s pension was given to honour the contributions and sacrifices of the freedom fighters and therefore it could not be brought under the category of income.

The main objective of the Freedom Fighters Pension Scheme (Swatantrata Sainik Samman Yojana) is to honour the contribution and the sacrifices of the freedom fighters to the nation.

Through this scheme monthly pension is provided to pensioners so that they can lead their life with respect. This scheme is basically a token of respect for the contribution of freedom fighters in the national freedom struggle.

The court was satisfied that the pension received by the Petitioner arising out of the Freedom Fighter’s pension could not be taken as an income to deny her the family pension arising out of her mother’s services.

Thus, the reasons given by the respondents for denying the pension could not be sustained in the eye of the law.

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