Orissa HC Orders Release Of Benefits With Arrears To 100-Yr-Old Freedom Fighter Denied Pension For Lack Of Incarceration Proof

In a notable order, the Orissa High Court has come to the relief of a centenarian freedom fighter who was denied pension and other benefits by the State and Union Governments for want of proof of his incarceration during the struggle for freedom, as per the existing rules. While highlighting the noble objects with which the pension schemes have been framed, Justice Sashikanta Mishra in his order observed – “…it would be too much to expect the petitioner to produce clear-cut or cogent proof regarding his incarceration in the jail nearly 80 years ago. It is therefore, necessary that the petitioner's claim must be considered favourably without adopting a strict or technical approach.” Background The petitioner claimed to have participated in the freedom movement of the country and remained underground during the period from 01.09.1942 to 05.10.1943 and imprisoned in Baripada Central Jail for seven days and also during 1941-42. Therefore, he submitted, the Court must acknowledge the fact that the petitioner has produced the affidavit sworn by one co-prisoner which clearly shows that he was imprisoned in Baripada Jail being a Praja Mandal activist. The case of the claimants under this scheme is required to be determined on the basis of the probabilities and not on the touch- stone of the test of beyond reasonable doubt.” Notably, the Court had asked the State Counsel to produce information regarding the petitioner's incarceration in Baripada Jail but jail authorities categorically stated that the relevant information is not available in their files as it relates to an incident which is more than 79 years old.