LAWS(PAT)-1998-2-76

DHIRENDRA NATH CHATTERJEE Vs. UNION OF INDIA

Decided On February 10, 1998
Dhirendra Nath Chatterjee Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) THIS writ petition has been filed for issuance of an appropriate writ in the nature of certiorari for quashing the letter dated 7.4.1997 (Annexure 19) issued by the Secretary, Government of India, Ministry of Home Affairs, Freedom Fighters Division, New Delhi (respondent no.2) by which the claim of the petitioner for grant of Freedom Fighters Pension (hereinafter referred to as 'the Pension') has been rejected by assigning some grounds. According to the petitioner, the grounds assigned are contrary to the circular for grant of Pension and also the observations made in the order of this Court dated 21.2.1997 passed in CWJC No. 509 of 1997 (R).

(2.) THE petitioner was born in the year 1912 in the erstwhile East Pakistan, now Bangladesh, and immediately after Matriculation, he came down to Chakradharpur in the year 1930 where his father was working as Assistant Station Master in the Railway. Being influenced by the ideology of Mahatma Gandhi and other stalwarts of the Freedom Fighters Movement on those days, he along with other youths in the locality participated in the Civil Disobedience Movement. While responding to the calls of Civil Disobedience Movement given by Mahatma Gandhi, the petitioner along with other youths plunged into that movement and they were picketing near the liquor shop of one Nepal Sao, the petitioner was arrested along with all time associate Gopal Kumar. In the said movement, some elderly persons like Shri R.N. Rao. Shri Singh Manjhee, Shri Nageshwar Pandit, Shri M. M. Moitra, Shri Shiv Lal Mochi etc. also got arrested and while the petitioner and Gopal Kumar were lodged in Bhagalpur Jail, the others were lodged in Arrah Jail, after conviction by Chaibasa court. The petitioner and Gopal Kumar were sentenced to undergo rigorous imprisonment for six months and they remained behind the bar for entire period of six months at Bhagalpur Jail.

(3.) THE petitioner applied in 1972 for getting the Pension as per the declaration of the Union Government, Department of Home Affairs and accordingly submitted the certificate given by Gopal Kumar and R. N. Rao and after inquiry, the State Government sent its recommendation to Home Ministry, Government of India, long back in the year 1984, but after long delay, the petitioner's prayer was rejected on some flimsy grounds and then he had come up to this Court in C.W.J.C. No. 3382 of 1995 (R). The certificate etc., which were given by the petitioner were disbelieved and this Court by order dated 5.7.1996 asked the Central Government to reconsider the case of the petitioner in the light of the observations made therein but again the prayer of the petitioner was rejected. Then he came up in C.W.J.C. No. 509 of 1997 (R) and this Court had allowed the writ petition on 21.2.1997 by making specific observation. The certificates given by R.N. Rao were not considered as he was not the co -prisoner. So it was stated that only one certificate submitted by Gopal Kumar went in favour of the petitioner and as per the circular, another certificate is required from co -prisoner. The certificate given by R.N. Rao was rejected on the ground that at the relevant time he was at Arrah Jail. This Court observed that as R.N. Rao, and Gopal Kumar and the petitioner were arrested and convicted in the same case and were imprisoned and while two were imprisoned and kept at Bhagalpur Jail, R.N. Rao was kept at Arrah Jail. Then, in that view of the matter, perhaps the certificate of R.N. Rao together with the certificate of Gopal Kumar if read in between the lines can attract the provision of the Scheme as contained in Annexure 9 and hence Annexure 17 is hereby quashed and the matter is sent back to respondent no. 2 to reconsider the case of the petitioner. Pursuant to that direction, it has again been reconsidered and rejected vide Annexure 19 dated 7.4.1997.