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The Madras High Court on Thursday directed the sanction of Central Government Freedom Fighter Family Pension to the 73-year-old widow of a freedom fighter who has been getting the similar pension from the State government.

The Single Bench Justice S Vaidyanathan while passing orders observed that that, “many of those born after 1947 may not be aware of how the struggle for independence took place but are enjoying the benefits of freedom and some are misusing it.”

It must be noted that a plea was moved by Mariammal, wife of late freedom fighter Kanniah.

The plea stated 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. 

The Bench noted 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,

“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,” noted the Bench.

Further the Bench stated 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.

On the above observation, the Bench 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 Bench also sought the Centre to extend the benefits of 1980 Pension Scheme to the petitioner.

[Case Title - K Mariammal v. Union of India and ors]