Karnataka High Court
Smt. Basamma W/O Shivanagouda ... vs The Union Of India By The Under Secretary ... on 2 July, 2024
-1-
NC: 2024:KHC-D:8996
WP No. 102207 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 2ND DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 102207 OF 2024 (GM-RES)
BETWEEN:
SMT. BASAMMA
W/O. SHIVANAGOUDA MARIGOUDRA,
AGE: 89 YEARS, OCC: HOUSEHOLD WORK,
R/O. MENASINAHAL VILLAGE,
POST. TUMMINAKATTI,
TQ: RANEBENNUR, DIST: HAVERI.
...PETITIONER
(BY SRI. ABHINANDAN M. GUNDAWADE, ADVOCATE)
AND:
1. THE UNION OF INDIA
BY THE UNDER SECRETARY (W.Z),
MINISTRY OF HOME AFFAIRS/GRAH MANTRALAYA,
FREEDOM FIGHTER DIVISION, 2ND FLOOR,
NEW-DELHI CITY CENTRE-II BUILDING,
PARLIAMENT STREET,
YASHAVANT
NARAYANKAR
NEW DELHI-110001 MT.
Location: HIGH
COURT OF
2. THE DEPUTY SECRETARY,
KARNATAKA,
DHARWAD MINISTRY OF HOME AFFAIRS/GRAH MANTRALAYA
BENCH
FREEDOM FIGHTER DIVISION,
LOK NAYAK, BHAVAN KHAN MARKET,
NEW-DELHI-110001.
3. THE DIRECTOR,
MINISTRY OF HOME AFFAIRS,
FREEDOM FIGHTERS DIVISION,
2ND FLOOR, JAI SINGH ROAD,
NEW-DELHI-110001.
-2-
NC: 2024:KHC-D:8996
WP No. 102207 of 2024
4. THE DEPUTY COMMISSIONER,
OFFICE OF THE DEPUTY COMMISSIONER,
HAVERI-581110.
...RESPONDENTS
(BY SRI. M.B. KANAVI, ADV. FOR R1-R3;
SRI. V.S. KALASURMATH, HCGP FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF MANDAMUS OR ANY OTHER WRIT DIRECTING THE
RESPONDENTS TO RELEASE OR PAY THE FREEDOM FIGHTER
PENSION AMOUNT TO THE PETITIONER IN THE EARLIEST.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The petitioner, an 89-year-old woman, has approached this Court due to the respondents' failure to release the freedom fighters' pension she is entitled to as the widow of a freedom fighter. She contends that despite fulfilling all necessary conditions and providing requisite documentation, the respondents have failed to act on her request for the dependent pension.
2. The petitioner's husband, Shivanagouda Marigoudra, was a recognized freedom fighter and had been receiving a pension since 1972. He passed away on 29.10.2017. Following his death, the petitioner, being his -3- NC: 2024:KHC-D:8996 WP No. 102207 of 2024 legally wedded wife, sought the dependent pension due to her as his widow. She submitted a formal representation to the respondents. In response, respondent Nos. 1 to 3 sought clarification from the Deputy Commissioner, Haveri. On 16.10.2021, the Deputy Commissioner provided the necessary clarification and documentation, including proof of the petitioner's date of birth and confirmation of her status as the legally wedded wife of the deceased freedom fighter.
3. A critical piece of correspondence in this case is the communication from the Additional Chief Secretary to the Government dated 15.03.2021, addressed to the Under Secretary to the Government of India. This letter detailed all the necessary documentation and verification reports needed to process the petitioner's claim. It included the petitioner's Pan Card, Aadhar Card, Family Tree, School Certificate of Caste and Date of Birth, and verification reports from the Tahsildar of Ranebennur taluk and the Deputy Commissioner of Haveri District. This -4- NC: 2024:KHC-D:8996 WP No. 102207 of 2024 comprehensive communication clearly supports the petitioner's claim.
4. The communication sent by the Additional Chief Secretary to the Government dated 15.03.2021 which is addressed to the Under Secretary to Government of India, would clinch the entire controversy. The same would be relevant and is extracted as follows:
"GOVERNMENT OF KARNATAKA RPAD No. DPAR 03 PFC 2019 Karnataka Government Secretariat, 6th Floor, 1st Stage, Multi Stored Building, Bangalore, Dated:15.03.2021 From The Additional Chief Secretary to Government, Department of Personnel and Administrative Reforms, (Administrative Reforms) Bangalore-560001.
To Under Secretary to Government of India, Ministry of Home Affairs (Freedom Fighter Division), NDCC Building, Jai Singh Road New Delhi-110 001 Sir.
Sub: Sanctioning of Central Government Freedom Fighters Family Pension to Smt. Basamma W/o. Shivanagouda Marigouda, Haveri District -5- NC: 2024:KHC-D:8996 WP No. 102207 of 2024 Ref: 1. Your Letter No.124/7346/2018-FF(WZ), Dated:05.11.2020
2. DC letter No.DC-HAV-14014(24)/2/2019-HAV MAG, dated 16.02.2021.
With reference to the subject cited above, I am directed to enclose here with the following documents and verification report in respect of Smt. Basamma W/o Shivanagouda Marigouda Haveri District, Karnataka, for further necessary action in the matter as desired
1. Photo copy of Pan card of Smt. Basamma W/o Shivanagouda Marigouda.
2. Photo copy of Aadhar of Smt Basamma W/o Shivanagouda Marigouda.
3. Family Tree of Smt. Basamma W/o Shivanagouda Marigouda, issued by the Deputy Tahsildar Ranibennur taluk, Haveri District.
4. School Certificate of Caste and Date of birth of Smt. Basamma W/o Shivanagouda Marigouda.
5. Verification report of Tahsildar, Ranibennur taluk, Haveri District vide letter dated 31.12.2020. 6 Verification report of Deputy Commissioner, Haveri District vide letter dated 16.02.2021.
Yours faithfully, (G. Parijatha) Under Secretary to Government, DPAR (AR-Political Pension) 080-22032672 Copy to: Smt. Basamma W/o Shivanagouda Marigouda, At Menasinahal, Ranibennur taluk, Haveri District."
5. Upon examining the communication, it is clear that the Deputy Commissioner and the State Government provided all the required information to respondent Nos. 1 to 3 to enable them to process the petitioner's claim. The documentation provided by the Deputy Commissioner and supported by the verification reports establishes that the -6- NC: 2024:KHC-D:8996 WP No. 102207 of 2024 petitioner is indeed the legally wedded wife of the late Shivanagouda Marigoudra. Despite this, respondent Nos. 1 to 3 have failed to act on the petitioner's request, displaying insensitivity towards her plight, especially given her advanced age and lack of independent income.
6. The Union of India and State authorities bear a profound responsibility towards the widows of freedom fighters, who have been pillars of our nation's struggle for independence. The petitioner, aged 89, finds herself in a dire situation due to the failure of the authorities to release the dependent pension she rightfully deserves. Her husband, Shivanagouda Marigoudra, who was recognized for his contributions to the freedom movement, received a pension from 1972 until his death on 29.10.2017. Despite the petitioner's submission of a detailed representation and the subsequent endorsement by State authorities confirming her status as the legally wedded wife of the deceased freedom fighter, the respondents have displayed a troubling lack of responsiveness and empathy. At her -7- NC: 2024:KHC-D:8996 WP No. 102207 of 2024 advanced age and without an independent source of income, the petitioner stands as a helpless widow in need of financial assistance. It is imperative that the authorities act with the highest degree of sensitivity and urgency, acknowledging the sacrifices made by her husband and ensuring she receives the pension that will provide her with financial stability and dignity in her remaining years. The delay and inaction not only undermine the respect owed to freedom fighters and their families but also contravene the ethical and moral duties of the State/Union of India towards its most vulnerable citizens.
7. Given the significant details and documentation presented, this Court finds that there has been a complete and unjustifiable inaction on the part of respondent Nos. 1 to 3. Their failure to act is particularly egregious considering the petitioner's age and her financial dependency. Therefore, the Court deems it appropriate to issue a mandamus to compel the respondents to act. -8-
NC: 2024:KHC-D:8996 WP No. 102207 of 2024 ORDER
(i) The writ petition is allowed.
(ii) Respondent Nos. 1 to 3 are directed to take immediate action based on the communication from the Under Secretary to Government, DPAR (AR-Political Pension), Bengaluru, addressed to the Under Secretary to the Government of India. They must promptly consider and grant the dependent pension to the petitioner, who is the widow of the late Shivanagouda Marigoudra, who received the freedom fighters' pension during his lifetime.
(iii) This process shall be completed within six weeks from the date of receipt of this order Sd/-
JUDGE SVH List No.: 1 Sl No.: 27