Chennai: The Madras High Court yesterday ruled that that freedom fighters pension under 'Swathantra Sainik Samman Pension Scheme' has to be paid by the government to widow of a freedom fighter within three months from the date of receipt of the copy of orders from courts.
A Division Bench Comprising Justice N Paul Vasantha Kumar and Justice M Sathyanarayanan made the ruling while dismissing an appeal by Union of India, Home Department, Freedom Fighters Division, New Delhi, against the September 13, 2012 order of a single judge for payment of pension to a widow of a freedom fighter.
'The single Judge was right in ordering to pay the pension from the date of application by the widow of the freedom fighter,' the bench said.
Noorjahan, widow of freedom fighter Shahul Hammed had filed a petition in the High Court to direct the government to grant pension under 'Swathantra Sainik Samman Pension Scheme' from October 1, 1997.
The single judge, taking into consideration of the certificate issued to her by a committee of Indian National Army, directed the government to grant the pension to her within 12 weeks from the date of receipt of the court order.
Challenging the direction, the government submitted that sanction of pension under the scheme could be granted only from the date of application, if there was clear proof and not for doubtful cases.
Dismissing the submission, the bench said the certificate was issue by to her by a committee of INA.
The bench while applying the principles stated by Supreme Court in several cases on sanction of pensions, said no genuine freedom fighters pension should be denied and upheld the order of the single judge.
