HC imposes cost of ₹1 lakh on bank and government for forcing centenarian to move court thrice for freedom fighter pension

Directs Centre to pay arrears of ₹3.71 lakh with 6% interest to 102-year-old pensioner within two weeks

Observing that bank officers need to visit elderly pensioners, at least in certain genuine cases when they do not submit life certificate within the deadline, the High Court of Karnataka has imposed a cost of ₹1 lakh on a public sector bank and the Central government for compelling a 102-year-old person to approach the court thrice for release of freedom fighters’ pension and arrears.

“Not in every case is the bank obliged to visit pensioners on failure to submit life certificate. However, in cases where there are genuine problems of pensioners to visit the bank, it is the duty of bank officers to visit them, and take life certificate, and update them on the system as per the guidelines issued by the Ministry of Home Affairs,” the High Court said.

Justice M. Nagaprasanna passed the order on a petition filed by H. Nagabhushana Rao, a resident of Malleswaram, who is a recipient of honorary freedom fighters’ pension from both the Central and State governments since 1974.

The court directed the Ministry to pay within two weeks the arrears of ₹3.71 lakh with 6% interest per annum from December 2018. The interest payable would become 18% per annum if arrears are not released within two weeks, the court said.

As the petitioner was 97 when the bank stopped pension for non-submission of life certificate, the court said that bank officers should have visited the pensioner as per the guideline and regulated his pension.

“The pensioners could be septuagenarians, octogenarians, nonagenarians or centenarians, like the petitioner. Therefore, this order cannot be construed to be a sweeping direction in all cases where the life certificate has to be secured by the bank officers. But in genuine cases, bank officers ought to perform their duty in terms of the guidelines so as to avoid unnecessary litigation of the kind that has been generated, not once or twice, but three times,” the court observed.

Mr. Rao’s pension from the Central government, paid through Canara Bank, was stopped in November 2017, as he had failed to submit his annual life certificate as per the law in 2017 due to ebbing mental prowess and physical incapacity due to age. He submitted the certificate in December 2018. As the bank did not restore his pension, he moved the court in 2020 and the court ordered release of pension.