The Delhi High Court came down heavily on the Centre for making a 96-year-old freedom fighter wait for four decades for pension, saying the very spirit of the Pension Scheme was defeated by the "stonewall approach" of the government.
"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 court said in the order.
The nonagenarian petitioner Uttim Lal Singh, who participated in Quit India Movement and other Movements associated with the Freedom struggle, was knocking on the doors of the high court for the grant of 'Swatantrata Sainik Samman Pension' from the date March 29, 1982.
Singh who was born on 1927, was made an accused by the British Government and declared a proclaimed officer in September 1943.
With the relevant details of his participation in the freedom struggle, Singh approached for a pension in 1982. Subsequently, Bihar government forwarded his name to the Central government in February 1983 and the recommendation was reiterated in September 2009.
The Centre, in November 2017, informed the state government that Singh's records were not available with the Ministry of Home Affairs, and requested it send verified copies of relevant documents.
However, despite several communication further to this also, the petitioner did not get any relief following which he moved the high court.
The court noted that the Government of Bihar has recommended the case of the Petitioner and has sent the original documents to the Central Government and the same has been lost by the Central Government.
The cour further said "..the affidavit filed by the State of Bihar reflects that all the documents relating to the Petitioner have been verified and the insistence of the Union of India to re-verify the documents again and again cannot be accepted."
While directing the Centre to release the pension of the Petitioner within 12 weeks along with the interest @ 6% per annum from 01.08.1980 till the date of payment of the pension amount, the court imposed a cost of Rs.20,000 on the Union of India which needs to be paid within 6 weeks.