Cuttack, May 10: Orissa High Court has indicted the state government for taking away a freedom fighter's entitlement to pension 24 years ago.
The court hauled up the authorities while considering a petition that Gajendra Prasad Das had filed 20 years ago after his freedom fighters' pension was cancelled.
Das was extended the benefit of freedom fighters' pension (Rs 300 per month) for over three years from 1989 till it was suspended in 1992. Later, the benefit was recalled in December 1995 on the ground that he had not furnished any official document. Das challenged it in the high court in 1996.
Allowing his plea, the single-judge bench of Justice Sujit Narayan Prasad observed: "The authorities in a very mechanical manner had taken away the right of the petitioner by passing a perfunctory order." The court has directed for release of all benefits to Das.
"In such a situation, the proper course for the court would be to remit the matter before the authority. But considering the fact that it is a case of benefit to be extended in favour of the freedom fighter who has fought for the nation and also considering the fact that the petitioner at the time of filing the petition was 70 years old and as on date, he is more than 90 years of age, it would not be proper to remit the matter before the authority for the reasons that again he has to wait for an order regarding his claim and it might be that he may not survive to see the result of the order or take the fruits of his claim," Justice Prasad observed in his order.
Justice Prasad directed the authorities "to release all consequential benefit in favour of the petitioner within a reasonable period, preferably within six weeks from the date of receipt of the copy of the order".
Das had submitted a certificate from other veteran freedom fighters because the official records were not available. The court endorsed the petitioner's contention that "it is the duty of state authorities to provide official records since the authorities are the custodian of the same and if the records are not available the petitioner cannot be put at loss".
Das claimed that he had taken part in the 1942 Quit India Movement and was engaged in underground activities between November 1942, and January 1945. He had also claimed to have worked under the guidance of eminent freedom fighters.