Don’t reject plea for pension from freedom fighters’ spouses: HC

Justice S Vaidyanathan was passing orders on a plea moved by Mariammal, wife of late freedom fighter Kanniah, that despite receiving State pension, her claim for pension under the Union government’s family pension scheme, Swatantrata Sainik Samman Pension Scheme (SSSP), was rejected on the ground that her husband had failed to mention about his dependents while applying for pension. 

Pointing out that extension of pension to Mariammal after the demise of Kannaiah itself was ample proof that the latter fulfilled the eligibility criteria to receive pension, Justice Vaidyanathan said, “In the case on hand, when the freedom fighter has been recognised and when the petitioner (Mariammal) has been recognized as his spouse, standing on technicalities that no application has been forwarded by the State to the central government will not serve the purpose. 

“Illegality cannot be condoned, but irregularity can be condoned and benefits can be extended,” the court added while noting that the object of 1980 Pension Scheme was to benefit the kith and kin of freedom fighters. So, mere contradictions and discrepancies may not be material to deprive pension, the judge added. Based on this, the court set aside the order of the Special Deputy Collector, Social Security Scheme, Coimbatore, rejecting her plea for pension, and directed the State to forward the petitioner’s request to the Union Government within a month. 

The court also sought the Centre to extend the benefits of 1980 Pension Scheme to the petitioner.