MADURAI: The Madurai Bench of the Madras High Court recently directed the State government to provide family pension to a freedom fighter’s daughter, after it was cancelled by the authorities citing she was already receiving the pension and hence her income exceeded the upper income limit fixed by the government.
Justice B Pugalendhi, who passed the order, observed that the SC and the HC, in such cases, have held that the Freedom Fighters’ Pension is not a charity and is given to honour and recognise the services rendered by freedom fighters for the nation. Hence, the pension received by the petitioner with respect to the freedom fighters’ pension can’t be brought under the meaning of ‘income’ for granting family pension to her, the judge said.
Setting aside the cancellation order passed by the authorities, he directed them to provide family pension to the petitioner within two months. The petitioner, S Jeevalakshmi, is the daughter of freedom fighter ST Sivasamy. After her mother and father died in 1979 and 2001 respectively, she receiving her father’s freedom fighter pension of Rs 13,390.
She was found eligible for her mother’s family pension in 2017, based on the G.O.s stating that unmarried daughters (above 25 years) of pensioners are entitled to family pension if their monthly income is below Rs 7,850. Citing she was receiving the Rs 13,390 and her income exceeded the limit, the State cancelled family pension in 2018, challenging which she filed the petition in 2020.
‘Not charity, but honouring services for nation’
Justice B Pugalendhi, who passed the order, observed that the SC and the HC, in several such cases, have held that the Freedom Fighters’ Pension is not a charity and is given to honour and recognise the services rendered by freedom fighters for the nation.