STATE OF WEST BENGAL Vs. KALIPADA MONDAL

JUDGEMENT

(1.) By an order dtd. 18/1/2024 it was recorded that hearing was concluded and the case reserved for judgment. Learned counsel for the parties were requested to file written notes of argument by 31/1/2024, if they so desired. We waited for a considerable period of time to receive the written notes of argument. They were not filed. In those circumstances, I proceeded to prepare and propose to deliver the judgment, based on the notings made by me in court. Hence, more than usual time was taken to deliver the judgment. The subject matter of these appeals was a decision of the government of West Bengal dtd. 15/1/2013, titled as a Memorandum by which the state government declared that the scheme granting pension to freedom fighters and 'post democratic political sufferers' be discontinued from 1/2/2013. On the same day another scheme was introduced by the government only for providing monthly allowances to freedom fighters and their dependent family members. Now, a look at the past.

(2.) In or about 1988 the Government of West Bengal added as beneficiaries to the existing pension scheme for freedom fighters, persons who had taken part in political or social movements after independence for the cause of the poor, downtrodden, weaker or economically backward Sec. of the society. The government started paying pension to those persons or their dependents, together with the freedom fighters and their dependents. Each of the respondent/writ petitioners was receiving pension as a dependent of his father who had taken part in a post independent movement. Challenging the decision dtd. 15/1/2013 the writ applications were maintained.

(3.) The grounds in the writ petitions were four in number. They were most cryptic, almost asking for the pension amount as mercy to run the living expenses of the writ petitioners and their families. The writ application WP 13754(W) of 2014 (Kalipada Mondal vs. The State of West Bengal and Ors.), was heard along with similar writ applications WP 17078(W) of 2013 (Sri Shiba Prasad Roy and Ors. vs. The State of West Bengal and Ors.) and WP 17080(W) of 2013 (Sri Anurup Panda vs. The State of West Bengal and Ors.) where the cause of action and grounds were similar. By the impugned common judgment and order dtd. 26/11/2015 the writ applications were allowed, the 15/1/2013 scheme was struck down resulting in reverting to the situation existing before the said notification. It appears that at the time of hearing of the writ applications the grounds for maintaining them took a different turn. They assumed political colour. It was argued in court that the cancellation of the pension scheme of 1988 of the former government with effect from 1/2/2013 was most arbitrary and illegal on the part of the new government which assumed power in 2011. There was no reason for depriving these poor pensioners of their pension. These pensioners or their ancestors had devoted their life in taking part in the movement for the welfare of the people post independence as a result of which they suffered imprisonment or oppression in the hands of the government. They and their dependents were thus entitled to receive pension.