High Court said that the inaction of Central government is an insult to the freedom fighter and it is painful to see them being treated this way.
In response to its “lackadaisical approach” in handling the pension of a 96-year-old freedom fighter, the Delhi High Court recently imposed a ₹20,000 fine on the Central government.
The court highlighted the distressing situation faced by Uttim Lal Singh, a 96-year-old freedom fighter who endured a 40-year delay and bureaucratic hurdles to receive his pension. Justice Subramonium Prasad expressed his concerns about the government’s insensitivity towards those who fought for India’s independence.
“The treatment of freedom fighters and the insensitivity of the Union of India towards those who contributed to our country’s independence is deplorable,” stated the court.
The court has ordered the government to release Singh’s Swatantrata Sainik Samman Pension, which he has been entitled to since 1980, along with 6% annual interest, within 12 weeks.
“In light of the negligent behavior of the Union of India, the court deems it appropriate to impose a ₹20,000 cost on the Union of India,” the court ordered, with the petitioner’s costs to be paid within six weeks.
The court documented that in March 1985, the Government of Bihar recommended Singh’s case and sent the original documents to the Central Government, but the Central Government failed to retrieve the documents.
Justice Prasad noted that despite the Bihar government re-verifying the petitioner’s identity and communicating with the Central government in July 2022, the pension had not been released.
“The Central Government’s inaction is an affront to a freedom fighter who was branded a proclaimed offender; the British Government might have confiscated his entire property during their proceedings,” Justice Prasad remarked. “The Central Government’s obstinacy undermines the core principles of the Pension Scheme, which this court cannot condone.”
Uttim Lal Singh appeared in court, affirming his birth year as 1927 and his active involvement in various freedom struggle movements, including the Quit India Movement. He was charged with an offense by the British Government and appointed as an officer in September 1943.
In March 1982, Singh applied for the Swatantrata Sainik Samman Pension. The Bihar government forwarded his name to the Central government in February 1983, and the Central government reaffirmed its recommendation in September 2009.
In November 2017, the Central government stated that the Ministry of Home Affairs did not have Singh’s records. As a result, the Bihar government was requested to provide verified copies of the relevant documents.
Despite numerous exchanges of communications among the authorities, the petitioner’s pension application remained unresolved, prompting his petition to the High Court.
The court’s records show that in March 1985, the Government of Bihar recommended Singh’s case and sent the original documents to the Central government, which subsequently misplaced them.
Awar Ali Khan and IC Mishra represented the petitioner, Uttim Lal Singh, in court, while Anurag Ahluwalia, a Central Government Standing Counsel (CGSC), represented the Union of India. Nitya Sharma acted as the attorney for the State of Bihar.
