- (1.) In this writ petition, the Petitioner has challenged the order dated 11th July, 2005 passed by the Under Secretary to the Government of India, the Respondent No. 2, declining the prayer of the Petitioner for grant of pension under the Swatantrata Sainik Samman Pension Scheme, 1980 ( for short the "Scheme") and has prayed for a direction upon the Respondents to grant the benefit of pension in accordance with the Scheme.
(2.) It is to be noted that in 1972 the Government of India prepared a scheme known as Freedom Fighters' Pension Scheme, 1972 for providing pension to ex-freedom fighters who suffered imprisonment during the freedom struggle. In 1980 a liberalized scheme was introduced which is the Scheme as noted. The liberalized scheme categorized persons eligible for the grant of such pension. A person who remained underground for six months or more provided he was i) a proclaimed officer or (ii) one on whom an award for arrest/head was announced or (iii) one whom detention order was issued but not served becomes eligible. The Scheme also mandates, which in the instant case assumes significance, is that in the absence of certificate from official records regarding detention, a non-availability record certificate ONARC for short) from the concerned authority is required along with a certificate from a prominent freedom fighter who had undergone imprisonment for a period of at least two years. In accordance with the Scheme, on 14th September, 1981 the Petitioner applied for pension. A certificate regarding absconcion was issued by an eligible certifier. Thereafter, the matter was considered by the District Level Advisory Committee. As evident from Annexure-P/2, the committee recommended the case of the Petitioner for pension on the basis of suffering absconcion from October, 1942 to December, 1943 which was supported by the certificate by the eligible certifier of the same district. Since in spite of recommendation pension was not granted, the Petitioner moved a writ petition (Shriharicharan Daw v. Union of India and Ors.) which was disposed of on 8th July, 1994 by directing the Respondent Nos. 1 and 2 therein to consider and dispose of the application of the Petitioner for grant of pension within two months from the communication of the order taking into consideration the recommendation of the State authorities.
(3.) Pursuant to such direction the matter was considered and by order dated 28th December, 1994 the prayer of the Petitioner was rejected. While rejecting the claim it was held thus: 2 ...Your case was earlier considered by the State Govt, on the presumption that records of the relevant time were not available. However, subsequently the Dist. Magistrate, Midnapore enquired into the matter and in its enquiry report to the State Govt. has mentioned that the earlier certificates were issued on the basis of non-availability of warrant registers. He has confirmed that there are other records from where details of the persons who have taken part in freedom struggle can be ascertained and the most important document is VCNB which is a permanent record and it is available in the police stations from 1930-46. Accordingly, as per the scheme, the secondary evidence like PKC in the absence of non-availability of record certificate cannot be accepted for purpose of grant of pension. It is, therefore, not possible for this Ministry to sanction pension to you on the basis of the Personal Knowledge Certificate given by Shri Hiralal Maity as official records are available and you have failed to submit any evidence in support of claimed suffering from such records. 3. The Govt, of India is however still prepared to reconsider your case, if you can produce evidence from official records in support of your claimed suffering and a certificate from the State Govt, indicating that the record produced is genuine, relates to you and the suffering was in connection with the freedom struggle.";