Chandigarh: Punjab and Haryana high court has dismissed an appeal filed by the Centre, challenging an earlier order to release benefits under the freedom fighter pension scheme to the widowed daughter of an Indian National Army (INA) soldier.HC observed that a claim found admissible under the scheme should not be denied on technical grounds that do not affect the claimant’s entitlement.A division bench of Justice Suvir Sehgal and Justice Rajesh Gaur upheld the May 2, 2019, verdict of a single judge, observing that the scheme — intended to honour the sacrifice of freedom fighters and help their eligible dependents — deserves to be implemented in its true spirit.Union govt, through senior panel counsel Sunil Kumar Sharma, had challenged the single judge’s order, contending that petitioner Kamlesh’s father had not applied for pension under the scheme during his lifetime, hence she was not entitled to claim dependent pension after his death. The Centre cited revised policy guidelines dated Aug 6, 2014.Dismissing the appeal, the bench observed, “The Swatantrata Sainik Samman Pension Scheme is a beneficial measure… While the conditions are required to be fulfilled, their application must remain consistent with the object sought to be achieved.”Documents prove that her father Data Ram was a member of INA, HC noted. “His status as a freedom fighter was recognized by state govt, as is evident from the order dated Aug 11, 1981, whereby financial assistance was sanctioned in his favour. The record further establishes that, upon his demise, the benefit was extended to his widow, Channo Devi, who received it till her death,” the bench observed.On the Centre basing its denial of benefits to Kamlesh on the absence of pension sanction under the scheme, the court pointed out that the recognition accorded by state govt and supporting documents should have been considered while examining her claim.On the revised guidelines, the bench observed that they could not be read separately from the provisions of the scheme and the factual circumstances of the case.“The authorities, while considering claims under the scheme, are expected to adopt a fair and reasonable approach, giving due weight to the documentary evidence available on record,” HC observed and upheld the May 2, 2019, order. It directed the Centre to release the benefits to Kamlesh expeditiously.
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