Political sufferers not entitled to freedom fighters' pension: Calcutta High Court

The Calcutta High Court on Wednesday upheld the West Bengal government decision to discontinue monthly pension for dependents or legal heirs of the 'political sufferers' of post independence period under the pension scheme meant for 'freedom fighters' [State of West Bengal vs Kalipada Mondal]..A division bench of Justices Indra Prasanna Mukerji and Biswaroop Chowdhury agreed with the contention of the State that under the scheme, only freedom fighters who fought against British and sacrificed their lives for the country before independence were eligible to get pension for themselves and their dependents. "It was part of the solemn obligation of the government to provide a means of livelihood to these deserving persons, many of whom with passage of time and age were lacking in financial resources. It was wrongful on the part of the government to alter the scheme and to declare as eligible and include in it persons who had no role to play in the freedom struggle but had taken part in political movements after the country gained independence," the bench observed.However, while upholding the decision of the government, the bench ordered constitution of a team of three high officials presided over by an Additional Chief Secretary of the State, by the Chief Secretary to consider reasonable compensation to be paid to such persons for discontinuation of this policy of receiving pension."We direct that a sum of ₹5 lakh be paid as ad hoc compensation to each of such persons within two months of communication of this order," the bench ordered..Freedom fighters fought the British but these persons (political sufferers) under political patronage had led movements against the post independent governments to further their political or social agenda, the Court said."Therefore, these persons were not similarly situated as the freedom fighters and could not be equated with them. Their inclusion went against the very purpose for which the scheme was formulated. Their inclusion by the government was improper. This entitled the government to remedy the wrong and rectify the scheme," the bench said.By excluding these persons, the government was only discharging its obligations under Article 14 of the Constitution of India to make a rational classification of eligible persons to receive freedom fighters’ pension by excluding from that classification persons who had not taken any part in the freedom struggle, the Court emphasised.The bench noted that these political sufferers and their dependents were receiving pension under the scheme in question since a considerable time."But when a scheme or an action of the government is completely flawed in its conception and application founded on a mistaken notion or on erroneous or extraneous considerations or is against the concept of equal treatment of equals, then the policy or whatever benefit that flows from that particular policy or scheme cannot be a source of legitimate expectation for any person or group of persons," the Court underlined.The bench further noted that the government continuing the policy against the Constitution was out of question..Though the political sufferers did not have a legitimate expectation to get pension, yet there was a 'human side' to the issue, the Court said.It added that in view of the Directive Principles of State Policy, the government cannot refuse to acknowledge such an expectation given its duty to promote social and economic justice."These beneficiaries of pension as the dependent heirs of political sufferers are socially backward and completely lacking in economic resources. This pension received was utilized by them to eke out some kind of a livelihood. Deprivation of this pension after a period of thirty years has certainly caused a setback to their lives. It has resulted in sudden and untold hardship," the bench noted.The judgment authored by Justice Mukerji added,"Even if the political sufferers post-independence cannot be placed in the same bracket as freedom fighters, it cannot be ignored that in substantial cases the persons who had taken part in political or social movement post-independence had done it honestly and in good faith with the intention of promoting the goals, aims and objectives of the freedom fighters."In view of Articles 38 and 51A of the Constitution of India, the bench said some recognition must be given to the cause of social and economic justice. "Efforts to further the goals set by the freedom fighters must be made by all citizens. Keeping all these facts in mind, which are humanitarian in nature, we are of the view that the government while implementing its decision to pay pension to the dependent heirs of freedom fighters only under the subject scheme should address its mind to these persons, who are the dependent heirs of political sufferers post-freedom by paying some compensation to them in lieu of discontinuation of the policy of granting them monthly pension," the Court opined..Senior Advocate Kalyan Bandopadhyay and Advocate Somnath Naskar appeared for the State.Senior Advocate Bikash Ranjan Bhattacharyya along with Advocates Dibyendu Chatterjee and Pritam Majumder represented the respondents..[Read Judgment]