Karnataka High Court Directs Pension For Para Athlete, Says Can't Exclude From Scheme Over Nomenclature Of Event
The Karnataka High Court has held that a para sports-person cannot be excluded from the benefits of pension scheme over nomenclature of the sporting event. The court thus ruled that para players who won medals at Far East and South Pacific Games for the Disabled (FESPIC Games) cannot be denied pension merely because the pension scheme covers Asian Para Games and not FESPIC Games. This, when...
The Karnataka High Court has held that a para sports-person cannot be excluded from the benefits of pension scheme over nomenclature of the sporting event.
The court thus ruled that para players who won medals at Far East and South Pacific Games for the Disabled (FESPIC Games) cannot be denied pension merely because the pension scheme covers Asian Para Games and not FESPIC Games. This, when the Union Ministry for Youth Affairs and Sports had itself in an official press release admitted that the Asian Para Games superseded the FESPIC Games.
For context, the Government of India's Pension scheme covers claims of medalists at the Olympic Games and Paralympic Games; Gold Medalists at the World Cup and World Championship in Olympic and Asian Games disciplines; Silver and Bronze Medalists at the World Cup in Olympic and Asian Games disciplines; Gold Medalists at the Asian Games, Commonwealth Games and Para-Asian Games; and Silver and Bronze Medalists at the Asian Games, Commonwealth Games and Para-Asian Games.
Noting that MYAS, in its press release, had admitted the FESPIC Games to be predecessor of Asian Para Games, Justice Suraj Govindaraj said,
“Once the competent Ministry itself has recognised and declared that the Asian Para Games superseded the FESPIC Games, it would be wholly incongruous for the respondents to disregard the said position and deny the petitioner the benefit of the Pension Scheme solely on the ground that the event in which the petitioner achieved the requisite sporting distinction was described as the FESPIC Games rather than the Asian Para Games.”
"The issue cannot be determined merely by reference to the nomenclature of the sporting event. The substance, status and institutional continuity of the event have to be considered. The categorical position taken by MYAS [Ministry of Youth Affairs and Sports] is that the Asian Para Games succeeded the FESPIC Games. Therefore, an achievement in the FESPIC Games, particularly where it otherwise corresponds to the level of achievement contemplated under the Pension Scheme, cannot be excluded merely on the basis of its historical nomenclature," it addd.
Calling the Ministry's stand contradictory, the Bench observed that the authority administering the Scheme cannot, on the one hand, recognise the FESPIC Games as having been superseded by the Asian Para Games and, on the other hand, deny a deserving sportsperson the benefit of the Scheme by treating the two as wholly unrelated events.
The High Court further pointed out that the respondents should have given due consideration to the recommendation made for the grant of pension to the petitioner, G. Venkataravanappa, an Arjuna awardee, by the Para Olympic Association— the body concerned with the sport and the eligibility of the petitioner.
The Court said that the scheme should be interpreted in a manner which advances its objects, rather than adopting a hyper-technical interpretation of provisions that defeat the entitlement.
“Sportspersons who have devoted substantial portions of their lives to training, competition and representing the Country are entitled to be treated with the dignity and respect commensurate with their contribution. Where the State has itself formulated a Scheme to recognise and support such sportspersons, the administrative machinery is expected to facilitate access to the benefit of the Scheme to eligible persons rather than defeat such entitlement on untenable or hyper-technical grounds,” the Court said.
The Court, accordingly, quashed the Union Sports Ministry's order rejecting the pension claim of G. Venkataravanappa— a recipient of the Arjuna award, the Eklavya award and the Rajyotsava award.
The court thus directed the Ministry to process the petitioner's pension at the rate of Rs 14,000 per month as applicable to an Asian Para Games Gold Medalist, along with all arrears from the date of application and Rs 25,000 in costs.
G. Venkataravanappa, a 62-year-old former para-athlete, had represented India at several International tournaments. He won a gold medal in Discus Throw and silver medals in Javelin Throw and Shot-Put at the 1999 FESPIC Games held in Bangkok, besides further medals at subsequent FESPIC Games in 2002 (Busan) and 2006 (Kuala Lumpur), and at the 2009 IWAS World Games held in Bangalore.
Case: G VENKATARAVANAPPA vs MINISTRY OF YOUTH AFFAIRS AND SRTS & ANOTHER,
WRIT PETITION NO. 25132 OF 2024 (GM-RES)