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Synopsis

The Calcutta HC recently directed the Ministry of Home Affairs (MHA) to transfer the pension entitlements of a late freedom fighter to his son under the Swatantra Sainik Samman Pension Scheme (SSS Pension Scheme).

The court also directed MHA to refund the amount of Rs. 5,69,119 to the petitioner.

The single judge bench of Justice Moushumi Bhattacharya was hearing a plea filed by the son of freedom fighter Radhakanta Giri, who used to draw pension under the Swatantra Sainik Samman Pension Scheme (SSS Pension Scheme).

Radhakanta Giri died on April 21, 2014. The petitioner who is the sole survivor heir of the deceased requested that the letters dated August 19, 2015, and July 10, 2018, issued by the  Ministry of Home Affairs concerning the cancellation of the SSS Pension Scheme be set aside.

He also requested a mandamus ordering the Union of India to transfer his father's pension claims from June 2011 till his father's death on April 21, 2014, in his favour.

According to the letter issued by MHA dated July 10, 2018, under paragraph 2.3 of the Revised Policy Guidelines of August 6, 2014, it is the duty of the pensioner to submit his Life Certificate by November 30 of each year and if this is not done by the following October 31, the pension would be assumed to be cancelled.

The court said that the Revised Policy Guidelines were issued by the Home Ministry after the death of the petitioner's father on April 21, 2014, and thus could not have a retrospective effect.

Further, the court found that the pension was auto-credited to the petitioner's father's account from 2008 to 2011, despite the lack of a Life Certificate.

Furthermore, Justice Bhattacharya pointed out that the petitioner was the only surviving legal heir of his father, who was a beneficiary of the SSS Pension Scheme, and that he was appointed as a nominee during his father's lifetime.

“The return of the pension was sought to be justified by the respondents on an incorrect premise and on the presumption of a retrospective application of a Revised Policy Guidelines. Thus, the reason to deny the petitioner his right to the amounts as the sole surviving heir of his freedom fighter father is baseless,” the judge highlighted.

Accordingly, Justice Bhattacharya directed the MHA to transfer the pension entitlements from June 2011 to April 21, 2014, to the petitioner within 7 days.

Case Title: Dipak Kumar Giri v. Union of India & Ors