A Flawed Policy Cannot Be A Source Of Legitimate Expectation: Calcutta HC Upholds State’s Decision To Discontinue Pension For 'Political Sufferers'

A Division bench of Justice Indra Prasanna Mukerji and Justice Biswaroop Chowdhury concurred with the state's argument that the pension scheme was originally intended for those who fought against British colonial rule and sacrificed their lives for India's independence. The Court said, “But when a scheme or an action of the government is completely flawed in its conception and application founded on a mistaken notion or on erroneous or extraneous considerations or is against the concept of equal treatment of equals, then the policy or whatever benefit that flows from that particular policy or scheme cannot be a source of legitimate expectation for any person or group of persons.”

Advocate Kalyan Bandopadhyay appeared for the Appellants and Senior Advocate Bikash Ranjan Bhattacharyya appeared for the Respondents.

The bench observed, “It was part of the solemn obligation of the government to provide a means of livelihood to these deserving persons, many of whom with passage of time and age were lacking in financial resources. It was wrongful on the part of the government to alter the scheme and to declare as eligible and include in it persons who had no role to play in the freedom struggle but had taken part in political movements after the country gained independents.”

While upholding the government's decision, the bench ordered the constitution of a committee presided over by an Additional Chief Secretary of the State, mandated to consider reasonable compensation for the discontinuation of the pension scheme. Each affected individual is to receive an ad hoc compensation of ₹5 lakh within two months of the order.

The Court underscored the distinction between freedom fighters and political sufferers, stating that the latter, under political patronage, led movements against post-independence governments for political or social motives, unlike the former who fought against British colonial rule. The Court added, “Therefore, these persons were not similarly situated as the freedom fighters and could not be equated with them. Their inclusion went against the very purpose for which the scheme was formulated. Their inclusion by the government was improper. This entitled the government to remedy the wrong and rectify the scheme.”

By excluding political sufferers, the government fulfilled its constitutional obligation under Article 14 to make rational classifications for eligibility to receive freedom fighters' pension, the bench emphasized.

While acknowledging the lack of legitimate expectation for political sufferers to receive pension, the court recognized the humanitarian aspect of the issue, noting the sudden hardship caused by the deprivation of pension after years of receipt. The Court said, “Even if the political sufferers post-independence cannot be placed in the same bracket as freedom fighters, it cannot be ignored that in substantial cases the persons who had taken part in political or social movement post-independence had done it honestly and in good faith with the intention of promoting the goals, aims and objectives of the freedom fighters.”

The Court further added, “Efforts to further the goals set by the freedom fighters must be made by all citizens. Keeping all these facts in mind, which are humanitarian in nature, we are of the view that the government while implementing its decision to pay pension to the dependent heirs of freedom fighters only under the subject scheme should address its mind to the respondent writ petitioners who are the dependent heirs of political sufferers post-freedom by paying some compensation to them in lieu of discontinuation of the policy of granting them monthly pension.”

Cause Title: State of West Bengal & Ors. v. Kalipada Mondal & Anr.

Appearance:

Appellants: Advocate Kalyan Bandopadhyay and Somnath Naskar

Respondents: Senior Advocate Bikash Ranjan Bhattacharyya along with Advocates Dibyendu Chatterjee and Pritam Majumder

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