HC directs govt to sanction 101-yr-old freedom fighter's pension
2
Cuttack: Orissa high court has directed the state govt to sanction and disburse the Freedom Fighter's Pension to 101-year-old Brahmananda Jena, ruling out the possibility of age manipulation that had prevented him from getting the pension for so long.
The court also directed the govt to release the pension within six weeks from the date of submission of the judgment's certified copy.
Jena, a resident of Cuttack district, had filed a petition in 2021 stating that he had taken part in the
Quit India Movement
and that he had applied for pension in 1981. The court observed that Jena's application had been duly forwarded by the ministry of home affairs to the Odisha govt in 1984. A 1989 communication from the state home department also listed Jena among seven applicants for the Swatantrata Sainik Samman Pension Scheme, 1980, debunking the govt's claim that he did not apply before the 1990 deadline.
The govt had alleged that Jena manipulated his age in the voter list submitted by him. Refuting the claim, the court accepted the 2002 electoral roll that recorded his age as 82, which had been officially certified by the deputy collector.
"There is not a shred of evidence to support the allegation of manipulation," Justice Mishra noted, adding that any inconsistency should be attributed to officials, not the petitioner.
The court also found merit in two affidavits submitted by fellow freedom fighters — Khali Pradhan and Manguli Parida — both recognised pension holders, who certified Jena's role in the movement. Their signatures had been verified by the district treasury officer.
"This court has on more than one occasion reiterated the view that it is the solemn duty of the state to honour the freedom fighters for the sacrifices made by them to attain freedom from colonial rule. Of course, this court hastens to act that it can never be the intention of the scheme to entertain false, frivolous or fake claims, but care must be taken to ensure that the genuine claims are not thrown out on trivial grounds," Justice Mishra said.
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