ORDER Bhawani Singh, C.J. 1. This appeal is directed against the judgment of the learned single Judge dated April 23, 1998 passed in Writ Petition No. 14 of 1996. 2. Shortly stated, this appeal arises in the following circumstances : Sharda Prasad Lohar claimed freedom fighter pension for having participated in the freedom movement particularly 'QUIT INDIA MOVEMENT'. He suffered imprisonment for 11 months under Section 332 of the Indian Penal Code. He applied for grant of freedom fighter pension from the Central Government and the State Government. It was sanctioned on 15-8-1972 by both the Governments. However, it was stopped on June 30, 1976. Before he could protest the action, he expired on 9-11-1979. 3. According to learned counsel, the petitioner applied for grant of freedom fighter pension as widow of Late Shri Sharda Prasad Lohar in January, 1980. It was allowed on 7-6-1988 but it was cancelled on 27-10-1988 without assigning any reason. Petitioner filed numerous representations for restoration of pension but was driven to file Writ Petition No. 2476 of 1995 in this Court. By decision dated 21st September, 1995, direction was issued to the respondents to consider and decide the case of the petitioner within a period of four weeks. Unfortunately, the case was rejected on November 3, 1995. 4. Through Writ Petition No. 14 of 1996, the petitioner challenged the action of respondents seeking direction for allowing her freedom fighters' pension on the death of her husband. This writ petition has been allowed by the impugned judgment. Learned single Judge has allowed the claim from 1-6-1988 but not from January, 1980 when the petitioner had applied for grant of pension. Further, learned single Judge did not deal with the claim of the petitioner for grant of arrears of pension to her husband from 30-6-1976 to 9-11-1979. Consequently, the present Letters Patent Appeal under Clause 10 of the Letters Patent has been filed by the petitioner against this judgment. 5. Shri R.K. Samaiya, appearing with Shri A.P. Shukla, learned counsel for the petitioner contends that the petitioner is entitled to freedom fighter pension from June 30, 1976 onwards and not from 7-6-1988. Elaborating the contention, it is submitted that the petitioner is entitled to freedom fighter pension being the widow of Late Shri Sharda Prasad Lohar from the date it was stopped in his case arbitrarily by the respondents.
Elaborating the contention, it is submitted that the petitioner is entitled to freedom fighter pension being the widow of Late Shri Sharda Prasad Lohar from the date it was stopped in his case arbitrarily by the respondents. Shri R.S. Patel, Senior Standing Counsel for the Union of India submits that the petitioner has been rightly allowed pension by learned Single Judge from 1-6-1988 although the petitioner is entitled for the same from 7-6-1988 being the date of sanction by the State Government. It is also contended that the petitioner grossly delayed in moving the competent authority for grant of freedom fighter pension which could not be sanctioned in her favour unless application was specifically moved by her after the death of her husband. 6. Scheme for pension to freedom fighters has been initiated with a view to honour them for participating in the freedom movement and undergoing sufferings during that period. As a matter of fact, the freedom fighters deserve to be honoured to the maximum for participating in the freedom movement since it is because of their efforts that we are free today. Unfortunately, experience is that they are being subjected to harassment by the authorities in the grant of freedom fighter pension. They are running from pillar to post for pursuing their cases for grant of this pension. They can not afford to live without it since most of them belong to poor families and at this old age they are in need of financial help. Hardly a few thousand must be living by this time, therefore, it is the duty of the State to look for their welfare and help them for the freedom they won for this country. Pity is that they are moving Courts from time to time for seeking direction to the Governments to consider their cases and allow them pension instead of Government looking for them and offering pension to them. 7. Look at the case of Sharda Prasad Lohar. He prominently participated in 'Quit India Movement 1942' and was jailed for 11 months. He applied for freedom fighter pension which he got after great deal of efforts. During his life time, it was cancelled on 30-6-1976. He pleaded the respondents to restore his pension but before he could succeed he expired on 9-11-1979.
He prominently participated in 'Quit India Movement 1942' and was jailed for 11 months. He applied for freedom fighter pension which he got after great deal of efforts. During his life time, it was cancelled on 30-6-1976. He pleaded the respondents to restore his pension but before he could succeed he expired on 9-11-1979. Pension from 30-6-1976 to 9-11-1979 is payable to him and since he died it should be paid to his widow Smt. Kamla Bai, the petitioner in this case. 8. Petitioner is widow of Sharda Prasad Lohar, there is no doubt about it. As a matter of fact, the respondents should have allowed her pension after the death of Sharda Prasad Lohar, as a matter of course. The Freedom Fighters' Pension Scheme requires filing of the application which she made in January, 1980. Respondents did not allow her claim and she had to file writ petition in this Court in which direction was issued to the respondents to consider and decide the case within four weeks. When it was decided against her, Writ Petition No. 14 of 1996 was moved and in which decision was rendered on 23-4-1998 allowing the pension from 1-6-1988. The question is whether the petitioner is entitled to the pension prior to January, 1980 or from some later date. Freedom Fighters' Pension Scheme, 1972 in column 'DURATION' Note (i) provides that applications received after the date notified will be considered for pension only from the date of receipt. This view has been taken in Kanahya Lal alias Ghurka Ram v. Union of India and Anr.. The petitioner applied in January, 1980. Therefore, she is entitled to the pension from this date at the rate permissible under the scheme as amended from time to time. Late Shri Sharda Prasad Lohar was deprived of his pension from 30-6-1976 to 9-11-1979. Being the widow, the petitioner is entitled to arrears of pension due to her husband. Consequently, she shall be paid pension due to Sharda Prasad Lohar from 30-6-1976 to 9-11-1979. 9. Lastly, it was contended that the petitioner is entitled to interest at the rate of 12% per annum on the arrears till payment is made to her.
Being the widow, the petitioner is entitled to arrears of pension due to her husband. Consequently, she shall be paid pension due to Sharda Prasad Lohar from 30-6-1976 to 9-11-1979. 9. Lastly, it was contended that the petitioner is entitled to interest at the rate of 12% per annum on the arrears till payment is made to her. Shri R.S. Patel, Senior Standing Counsel for Central Government and Shri Ajay Mishra, Deputy Advocate General submit that the petitioner may not be allowed interest on the amount of arrears since the delay in filing the application and moving the Court was committed by her. Moreover, Scheme for Freedom Fighters' Pension is in recognition for services rendered by freedom fighters in the freedom movements and not a claim for which interest may be claimed. We are unable to appreciate this contention. Object of the Scheme may be anything but when freedom fighter fights for it and establishes his entitlement for grant of pension for rendering services like any other person claiming return for the services rendered, he is entitled to the same. A glance at the facts would plainly demonstrate that not only Sharda Prasad Lohar was subjected to harassment but also his widow, the petitioner, for claiming the pension. This is second round of litigation at her instance. She moved numerous representations avoiding resort to litigation but she was driven to a situation where she had no other option but to file writ petition in the Court and seek relief. There is no culpable delay on her part, rather delay is on the part of the respondents for not deciding the case within a reasonable time despite having known that Sharda Prasad Lohar was a freedom fighter and payee of freedom fighter pension. Her case should not have taken long time for sanction. Once entitlement is established, the amount to which she becomes entitled has to carry interest since it has been utilised by the respondents during the period it is not paid to her. Therefore, like payment of interest on other claims, the petitioner is entitled to interest on this claim also. Consequently, the amount of arrears shall carry interest at the rate of 6% per annum till the date of payment. Future pension be paid regularly by the Central Government and the State Government. The respondents are directed to implement the decision within three months from today.
Consequently, the amount of arrears shall carry interest at the rate of 6% per annum till the date of payment. Future pension be paid regularly by the Central Government and the State Government. The respondents are directed to implement the decision within three months from today. The petitioner shall be entitled to cost of Rs. 1,000/- (rupees one thousand) to be shared equally by the Central Government and the State Government.