Allowed

Sri.Bhimappa Adiveppa Hadapad v. the State of Karnataka

Karnataka HC8 Jun 2021WP/146602/2020

Case brief

AI extract

What is this about?

The Karnataka High Court allowed a writ petition challenging the non-retroactive grant of Freedom Fighters Pension. Relying on the Supreme Court in Mukund Lal Bhandari, the court held the pension must be paid from the date of the original application (15.04.2008), not the order date.

What did the court decide?

The order dated 03.07.2017 fixing the pension start date is set aside. Matter remitted to Authority to reconsider within four weeks and pass a fresh order granting pension from 15.04.2008.

Sri.Bhimappa Adiveppa Hadapad Vs the State… — Pension and Retirement Benefits | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 08^th DAY OF JUNE 2021

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BEFORE

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THE HON’BLE MR. JUSTICE H.T.NARENDRA PRASAD

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WRIT PETITION No.146602/2020 (GM-FF)

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BETWEEN:

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SRI.BHIMAPPA ADIVEPPA HADAPAD AGE 96 YEARS, OCC: FREEDOM FIGHTER, R/O: NARAGUND, TQ: NARAGUND, DIST: GADAG-582207. (By Sri.H M DHARIGOND, ADV.)

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...Petitioner

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AND

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1 . THE STATE OF KARNATAKA REPRESENTED BY UNDER SECRETARY, (POLITICAL PENSION),

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DEPARTMENT OF PERSONAL AND ADMINISTRATIVE REFORMS, M.S. BUILDING, BENGALURU-560001.

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2 . THE DEPUTY COMMISSIONER GADAG DISTRICT, GADAG-582101. ….Respondents

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(By Sri.SHIVAPRABHU S HIREMATH, AGA FOR R1 & R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ORDER PASSED BY THE 1^ST RESPONDENT UNDER NO.CAASUE/40/PFS/ 2013 BENGALURU DATED 03.07.2017 VIDE ANNEXURE-D IN SO FAR NON GRANT OF FREEDOM FIGHTERS PENSION FROM THE DATE OF APPLICATION I.E., 15.04.2008 INSTEAD OF 03.07.2017 I.E., DATE OF ORDER; B. A WRIT IN THE NATURE OF MANDAMUS DIRECT THE RESPONDENTS TO GRANT OF FREEDOM FIGHTERS PENSION TO THE PETITIONER FROM THE

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DATE OF APPLICATION I.E., 15.04.2008, WHICH IS MENTIONED IN ANNEXURE-D.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This writ petition is directed against the order dated 03.07.2017 passed by the 1^st respondent vide Annexure-D whereby the respondents granted Freedom Fighters Pension to the petitioner from the date of order instead of from the date of the application.

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The case of the petitioner is that, the petitioner was a freedom fighter. He had participated in the Quit India Movement in the year 1942. After the Freedom Fighters Pension Scheme, 1969 is enacted by the Government, the petitioner made an application along with all necessary documents on 15.04.2008 before the 1^st respondent as per Annexure-A requesting for grant of Freedom Fighters Pension. After considering the application of the petitioner, the respondents have passed the order vide Annexure-D on 03.07.2017 granting Freedom Fighters Pension to the

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petitioner from the date of the order. Being aggrieved by

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the same, the petitioner is before this Court.

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Learned counsel Sri.H. M. Dharigond appearing for the petitioner has submitted that there is no dispute that the petitioner had participated in the Quit India Movement in the year 1942 and as per the Freedom Fighters Pension Scheme, 1969, the petitioner filed an application on 15.04.2008 along with all necessary documents for grant of pension. The Authority after considering necessary documents has granted Freedom Fighters Pension from 2017 instead of 2008. The petitioner contended that the Freedom Fighters Pension has to be granted from the date of filing of the application by the petitioner. In support of his contention, he has relied on the judgment of the Hon’ble Apex Court in the case of Mukund Lal Bhandari And Ors Vs. Union of India And Ors reported in AIR 1993 SC 2127 . Hence he sought for allowing the writ petition.

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4. Per contra, learned Additional Government

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Advocate Sri.Shivaprabhu S. Hiremath has defended the order passed by the Authority.

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Heard the learned counsels for the parties. Perused the writ papers.

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It is not in dispute that the petitioner had participated in the Quit India Movement in the year 1942. As per the Freedom Fighters Pension Scheme, 1969, he is entitled for the pension. The petitioner has filed an application on 15.04.2008. The respondents after considering necessary documents were right in passing an order that the petitioner is entitled for Freedom Fighters Pension but while passing the order, it has ordered that pension shall be payable from 03.07.2017 instead of from the date of application.

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The Hon’ble Apex Court in the case of Mukund

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Lal Bhandari (supra) has held at paragraph 6 as under:

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“6.We decline to go into the facts of the individual petitioners in this petition and direct the respondents as follows:

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[a] The respondent should accept the applications of the petitioners irrespective of the date on which they are made. The applications received hereafter should also be entertained without raising the plea that they are beyond the prescribed date.

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[b] The respondents should scrutinize every application and the evidence produced in support of the claim and dispose it of as expeditiously as possible and in any case within three months of the receipt of the application, and the documents proof keeping in view the laudable and sacrosanct object of the Scheme.

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[c] The pension should be paid to the applicant from the date on which the original application is received whether the application is filed with or without the requisite evidence. The sanction of pension would, however, be subject to the requisite proof in support of the claim.

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The respondents are directed to dispose of the case of the individual petitioners in the present petition in the light of the above directions at the latest within two months from today.”

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8. It is very clear from the above judgment that

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the petitioner is entitled for the Freedom Fighters Pension from the date on which the application has been filed by the petitioner under the Scheme. Therefore the impugned order passed by respondents to the extent that the petitioner is entitled for Freedom Fighters Pension from the date of the order is unsustainable and it is contrary to the provisions of the Freedom Fighters Pension Scheme. Hence

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the impugned order Annexure-D dated 03.07.2017 is unsustainable to that extent.

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Accordingly, the writ petition is allowed. The order dated 03.07.2017 at Annexure-D passed by the 1^st respondent insofar fixing the date for commencement of the Freedom Fighters Pension is set aside. The matter is remitted back to the Authority. Respondent No.1 is directed to reconsider the case of the petitioner in terms of the above observations insofar fixing the date for commencement of the Freedom Fighters Pension and pass fresh order in accordance with law within four weeks from the date of receipt of copy of this order.

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In view of the disposal of the writ petition, I.A. No.1/2020 does not survive for consideration and the same stands disposed of.

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Sd/JUDGE

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Kgk

Sri.Bhimappa Adiveppa Hadapad v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri.Bhimappa Adiveppa Hadapad v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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