- (1.) This Mandamus-Appeal is at the instance of the Union of India and is directed against an order dated August 21, 2009 passed by a learned Single Judge of this Court by which His Lordship disposed of a writ-application filed by the respondents by setting aside the order passed by the appellant No. 2 and directing the appellants to grant freedom-fighter-pension to the writ-petitioner under the provisions of Swatantrata Sainik Samman Pension Scheme, 1980 (hereinafter referred to as the SSS Scheme) with effect from the date of his application for obtaining pension i.e. 10th July, 1981 with interest on the arrears amount @10% per annum. The learned Single Judge further awarded costs of Rs. 10,000/- in favour of the writ-petitioner.
(2.) Being dissatisfied, the Union of India and the Under Secretary, Government of India, Ministry of Home Affairs, Freedom Fighters' Division have come up with the present appeal.
(3.) The facts giving rise to filing of the writ-application out of which the present Mandamus-Appeal arises may be summed up thus: (a) The writ-petitioner applied for pension under SSS Scheme on December 14, 1981 alleging that he remained underground from October, 1942 to December, 1943 while taking active part during the freedom movement for liberation of India and, thus, was entitled to get an order of pension under the Scheme as an order of detention was issued against him due to his subversive activities. (b) The writ-petitioner, in support of his claim, relied upon a Personal-Knowledge-Certificate from one Jyotish Chandra Bera, a freedom-fighter, who certified that the writ-petitioner remained underground for the period from October, 1942 to December, 1943 as he had to avoid arrest to work underground. (c) The State Government recommended the case of the writ-petitioner vide letter dated 9th September, 1985 for pension on the basis of "underground suffering" certified by the said Jyotish Chandra Bera as an eligible certifier of the District-Midnapore. (d) Pursuant to such recommendation, the appellant No. 2 issued a Memo to the Deputy Secretary to the Government of West Bengal with request to intimate whether the warrant of arrest was issued against the writ-petitioner and if issued, a copy of the same or a non-availability record might be furnished to the Ministry at an early date to finalise the case. (e) The Assistant Secretary, Government of West Bengal issued a Memo to the writ-petitioner by which the writ-petitioner was requested to inform the department as to whether any warrant of arrest was issued against the writ-petitioner, and if issued, to give particulars thereof as required by the Government of India. (f) According to the writ-petitioner, after receiving the said Memo, he made an application for necessary information particularly about Bhagbwanpur Police Case being Case No. GR549/42 and in the remark portion of the said information slip, it was stated that due to constant handling during the period when series of applications were received from the freedom-fighters for copies, those had been torn out and it was impossible to trace whether he was accused or not in the Bhagawanpur Police Station Case No. 549/42. (g) After receiving the said information from the concerned department, the writ-petitioner submitted the same along with an application dated August 3, 1987 to the Ministry of Home Affairs, Government of India. (h) After waiting for a quite longtime, the writ-petitioner made a prayer to the Government of India by different applications in the year 1997, 1998, 2003 and lastly in the year 2006, but no reply had been given to those applications. Hence the writ-application was filed for a direction upon the Union of India to pass necessary order granting pension.;