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Synopsis

The Madurai bench of Madras High Court has recently observed that the pension received under the freedom fighter’s pension scheme cannot be brought under the meaning of income as it is provided in recognition of “services” and the “sacrifices” of the freedom fighters, according to a report in The Hindu.

Court was hearing a petition filed in 2020 by S. Jeevalakshmi of Pudukottai, the unmarried daughter of freedom fighter S.T. Sivasamy.

Justice B. Pugalendhi ordered the State government to grant Jeevalakshmi’s family her family pension in addition to the freedom fighter’s pension.

Jeevalakshmi’s father Sivasamy died in 2001, subsequently, she was granted her father’s pension as a legal heir. However, after his death, the family pension of the mother’s employment was not drawn by Jeevalakshmi and her siblings.

In 2001, the State government issued an order granting a family pension to unmarried daughters over the age of 25 on the condition that their monthly income did not exceed Rs.2,550 and in 2017, it was raised to 7,850.

In 2017 Jeevalakshmi applied for the family pension and the same was approved. However, in 2018 the authorities decided to cancel it, claiming that she was ineligible for the family pension because she was already receiving the freedom fighter's pension and earning more than the fixed amount.

Subsequently, Jeevalakshmi challenged the decision to revoke her right to the family pension. She claimed that the order was issued without even notifying her. It was further claimed that he was entitled to both the family pension and the freedom fighter's pension of Rs.13,390.

To this, Court observed that the main aim of the freedom fighters' pension scheme was to honor the contributions and sacrifices of the freedom fighters to the nation and it was given to pensioners so that they could live their lives with dignity.

“The scheme was a token of respect,” the court added.

Accordingly, Court ordered that the freedom fighter pension could not be considered income and directed the authorities to grant Jeevalakshmi her family pension within eight weeks.

(Official order awaited)