Delhi High Court slaps ₹20k fine on Central government for making 96-year-old wait for 40 years for his freedom fighters pension

The Delhi High Court recently imposed a fine of ₹20,000 on the Central government for its “lackadaisical approach” in paying pension to a 96-year-old freedom fighter [Uttim Lal Singh v UOI and Others]..The Court observed that the case reflected the sad state of affairs wherein 96-year-old freedom fighter Uttim Lal Singh was made to wait for over 40 years and made to run from pillar to post to get his rightful pension.Justice Subramonium Prasad lamented at the insensitivity shown by the Government of India towards freedom fighters who had fought for the independence. “It is painful to see the way in which the freedom fighters are being treated and the insensitivity shown by the Union of India towards Freedom Fighter who has fought for the independence of the country,” the Court said.The Court proceeded to order the government to release Singh’s Swatantrata Sainik Samman Pension from the year 1980 with an interest of 6% per annum within 12 weeks."For the lackadaisical approach of the Union of India, this Court deems it fit to impose costs of ₹20,000 on the Union of India. Let the Costs be paid to the petitioner within 6 weeks from today," the Court ordered. .The Court recorded that the Government of Bihar had recommended the case of the petitioner and had sent the original documents to the Central Government in March 1985, however, the Central government lost the documents.Justice Prasad further noted that the Bihar government had verified the petitioner’s name once again and sent a letter to the Central government on July 14, 2022, yet his pension was not released.“The inaction of the Central Government is actually an insult to the freedom fighter who was declared as a proclaimed offender and probably his entire land would have been attached in the proceedings initiated by the British Government. The very spirit of the Pension Scheme is being defeated by the stonewall approach of the Government of India which cannot be appreciated by this Court,” Justice Prasad observed..Singh approached the Court stating that he was born in the year 1927 and had participated in the Quit India Movement and other movements associated with the freedom struggle. He was made an accused by the British Government and declared a proclaimed officer in September 1943.He had applied for the Swatantrata Sainik Samman Pension in March 1982. His name was sent by the Bihar government to the Central government in February 1983 and the recommendation was reiterated in September 2009.In November 2017, the Central government said that Singh’s records were not available with the Ministry of Home Affairs and the Bihar government was requested to share verified copies of the relevant documents.Even after that, several communications were exchanged between the various authorities but petitioner did not get his pension. He, therefore, moved the High Court.The Court recorded that the Government of Bihar had recommended the case of the petitioner and had sent the original documents to the Central government in March 1985. However, the Central government lost the documents.Justice Prasad further noted that the Bihar government had verified the petitioner’s name once again and sent a letter to the Central government on July 14, 2022, yet his pension was not released.“The inaction of the Central Government is actually an insult to the freedom fighter who was declared as a proclaimed offender and probably his entire land would have been attached in the proceedings initiated by the British Government. The very spirit of the Pension Scheme is being defeated by the stonewall approach of the Government of India which cannot be appreciated by this Court,” Justice Prasad observed while ordering release of the petitioner's pension..Advocates IC Mishra and Anwar Ali Khan appeared for the petitioner Uttim Lal Singh.Central Government Standing Counsel (CGSC) Anurag Ahluwalia represented the Union of India.Advocate Nitya Sharma represented the State of Bihar. .[Read Judgment]