LAWS(CAL)-1998-9-23

GOKUL CHANDRA PANJA Vs. UNION OF INDIA

Decided On September 02, 1998
GOKUL CHANDRA PANJA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The Court : The petitioner claims to be entitled to pension under the Freedom Fighter's Pension Scheme, now renamed as Swatantrata Sainik Samman Scheme. According to the petitioner a proclamation order was issed against him and to avoid arrest he was compelled to go underground.

(2.) He applied on 13th August, 1981 for such pension on the ground that he had remained underground from October, 1942 to July, 1944. Rabindra Nath Giri, a recognised freedom fighter, certified his application to the effect that the petitioner was bonafide freedom fighter and a proclaimed offender but he went underground for continuance of his services to the country under R.N. Giri's guidance.

(3.) The District Magistrate submitted a Certificate to the State Government to the following effect; "This is to certify on the basis of reports received form the Officer-in-charge of the concerned police station that no relevant records relating to issue of warrants, proclamations and prosecutions during the period 1930-46 are available."