LI Network
Published on: February 19, 2024 at 12:30 IST
The Madras High Court has directed the Union Government to provide pension to a 94-year-old former Indian National Army member who was incarcerated in Rangoon (Myanmar) in 1945.
The bench, comprising Chief Justice SV Gangapurwala and Justice Bharatha Chakravarthy, emphasized the need to read schemes harmoniously, particularly in cases where INA members were held in foreign countries.
In adherence to the Swatantrata Sainik Samman Yojana, the court observed that strict adherence to the scheme criteria might be challenging for INA members imprisoned abroad.
The primary method for claims under the scheme involved providing certificates from jail authorities, district magistrates, or state governments. However, in cases without such certificates, individuals could obtain a non-availability of record certificate along with certificates from co-prisoners incarcerated for a year.
The petitioner, RK Venkatachalam, an INA member, was imprisoned in Rangoon from May to December 1945. His pension application was initially rejected due to co-prisoners not meeting the one-year incarceration criterion.
The single judge, on challenge, directed the authorities to disburse the pension, prompting the Ministry of Home Affairs to appeal.
The Ministry argued that pension claims must adhere to the scheme’s mandatory requirements, emphasizing the need for supporting documents. However, Venkatachalam, deemed eligible by the State Government, contended that the scheme should be interpreted harmoniously.
The court acknowledged the difficulty for INA members abroad to produce jail certificates and noted that strict insistence on co-prisoner criteria would create an eligibility condition.
In line with the on-field inquiry and state government’s recommendation, the court affirmed the single judge’s decision, modifying the arrears payment start date and instructing compliance within two months.
Case Title: The Under Secretary to Govt v RK Venkatachalam and Others