“Sorry sir”, Madras High Court apologises to Freedom Fighter for 37 year-long delay in grant of pension

In two recently decided cases, the Madras High Court has put an end to the prolonged struggle faced by two freedom fighters in their struggle for freedom fighter pension..In both cases, the Court rapped the authorities for failing to disburse the pension, while emphasizing the need to recognise and respect the crucial role of freedom fighters in the Indian freedom struggle..Notably, in 89 year old freedom fighter V Gandhi’s case, the High Court expressly apologised for ‘bureaucratic dogmatism’ resulting in 37 year long wait for the pension due to him..V Gandhi had joined the Indian National Army (INA) floated by Subhash Chandra Bose and was part of the Indian Independence League in Rangoon, Burma. During his struggle, he underwent imprisonment in Rangoon Central Jail between May and December 1945..The fact of his imprisonment was, in fact, attested to by another freedom fighter and co-prisoner, K Kalimuthu, who was already a recipient of the freedom fighters’ pension since 1992..Notably, a personal knowledge certificate from renowned freedom fighter, Colonel Lakshmi Sahgal of the INA, dated 1994, was also brought to the attention of the Court. The certificate recounted in some detail the contributions of V Gandhi to the Freedom struggle, including his stint in the Rangoon Central jail..A request for grant of freedom fighters’ pension was made to the State government by Gandhi in 1980..The President of All India Freedom Fighters’ Successors’ Organization, K Gurumurthy had also supported V Gandhi’s claim as genuine. Gurumurthy had further attested to the fact that the petitioner was living in poverty and had to be rescued from such a pathetic condition by providing freedom fighters’ pension..However, the State did not respond to the said application for decades, despite reminders having been sent in 1992 and thereafter in 2016. With no other alternative before him, Gandhi had approached the Madras High Court in 2017..Justice K Ravichandrabaabu who passed the order noted that the sequence of events revealed the State’s mechanical handling of Gandhi’s application. Making reference to repetitive responses by the State to reminders sent on behalf of Gandhi by K Gurumurthy, the Court remarked,.“…Except doing so mechanically, these respondents have done nothing effectively or positively to consider the petitioner’s request for freedom fighters’ pension, even though it was brought to their knowledge that there is an urgent need of extending such monetary support, which is certainly not a charity, but conferment of an honour on such selfless freedom fighter..Unfortunately, these respondents failed to note that but for such selfless contribution and participation in the freedom struggle by the persons like the petitioner, we would have not been in the present position to deal with this matter like this.“.The Court went on to empathise with Gandhi’s anguish in being drawn into yet another fight, even after Indian independence – to get financial assistance for his sustenance by way of pension. In his order, Justice Ravichandrabaabu remarked,.“In my considered view, persons like the petitioner, who fought for freedom, should have been conferred with such due honour and dignity by extending the invitation to them and not by waiting for them to make their application.”.On examining the reason for the prolonged delay, the Court found that the State had been reluctant to dispose of the application owing to certain discrepancies in the age mentioned in Gandhi’s documents. Justice Ravichandrabaabu found this excuse untenable, particularly given that it was evident that the applicant was indeed a freedom fighter and, therefore, eligible for the pension..“I am totally unable to either comprehend myself or conceive the above reasoning of the respondents for rejecting the claim of the petitioner, that too, especially when the same is not going to the root of the matter. When the factual aspect of the matter viz., the factum of participation of the petitioner in the freedom struggle, is vouched by a Co-prisoner, who issued a Certificate and by the great personality Col. Lakshmi Sahgal, who issued the Personal Knowledge Certificate as discussed supra, there cannot be even a little doubt in the mind of the respondents about the bonafide of the petitioner..It is very unfortunate, that the respondents have chosen to mechanically reject the claim of the petitioner with irrelevant and immaterial reason which only shows that they somehow wanted to wash off their hands and relieve themselves of their liability.“.In its counter affidavit, the State had submitted that a communication had been made to the petitioner in 2016, intimating that his application could not be decided favourably, given the age discrepancies. However, the Court held that regardless of whether the communication was made or not, the reasons cited were totally immaterial and irrelevant to the grant of the Freedom Fighters’ pension..Further, the Court also saw it fitting that apology was tendered to V Gandhi for the ordeal he had to go through..“I can only say to the writ petitioner ‘Sorry sir, you are made to suffer at the hands of our people too, as, unfortunately, this is how the bureaucratic dogmatism with wooden approach works, at times, in this country, for which you fought to get freedom.’”.The Court directed that pension be granted from the date on which the application was originally made. Justice Ravichandrabaabu also made it a point to direct that the order granting pension be personally delivered to Gandhi’s doorstep, apart from communicating the same through other modes..Interestingly, this is not the only recent case in which Madras High Court has come to the aid of freedom fighters..In another case, Justice R Suresh Kumar recently pulled up the State for non-payment of Central government pension to freedom fighter K Muthiah (deceased), after a writ petition was filed calling attention to the same by his wife, M Anjalai (deceased)..In Muthiah’s case the Tamil Nadu government had sanctioned his Freedom Fighter Pension in 1969. However, applications made for the Central government pension in 1972 did not receive any response..The case before Justice Suresh Kumar had been carried forward by Muthiah’s legal heirs, after the passing of his wife (petitioner) during the pendency of the case. While ordering that due pension amount be disbursed on priority basis, Justice Suresh Kumar was quoted as having remarked,.“The freedom fighters’ service to the nation is immeasurable. Had they not fought for freedom, we the 1.2 billion Indians cannot live in with liberty, rights, dignity and with economical sufficiency… .If any small amount is paid to them, by way of freedom fighters pension either by the state government or central government, it is not a bonus or bounty to such great soul, as it shall be considered only a token of recognition for the valuable services the great personalities rendered to the nation.”.Read Order passed by Justice K Ravichandrabaabu below.