Sambuddha Chakrabarti, J. - (1.) THE petitioner states that her deceased husband late Ratan Chandra Mishra was a freedom fighter and took active part in the movement. He remained underground for a period of more than six months as an Order of Proclamation was issued against him. Pursuant to the scheme framed by the Government of India the husband of the petitioner submitted an application on March 12, 1982 for the grant of freedom fighter's pension.
(2.) THAT in terms of the provisions of the relevant Scheme in the case of a claim of an applicant who had remained underground documentary evidence by way of court's/government's orders proclaiming the applicant as a offender, announcing an award on his head etc. were required to be furnished. But if the official records were not forthcoming due to their non -availability certificates from veteran freedom fighters who had themselves undergone imprisonment for five years or more could also be furnished. The petitioner states that the District Magistrate, Midnapore had notified to the effect that there were no records commencing from 1930 to 1946 recording the sufferings of freedom fighters and since the period when the petitioner's husband remained underground fell within the period he had to file the application along with the certificate of Sri Nitai Chandra Jana who himself was a freedom fighter. In August, 1986 the Ministry of Home Affairs, Government of India, had intimated the petitioner that his application for Swatantrata Sainik Samman Pension (the said Pension, for short) could not be considered as the documentary/supportive evidence sent by him did not prove his claim of suffering.
(3.) SUBSEQUENTLY the Deputy Secretary, Home (Poll -PSP) Department, Government of West Bengal had intimated the petitioner by a communication dated May 23, 1990 that his case could not be recommended to the Government of India as the evidence furnished by him was not acceptable as he was unknown to the certifier during confirmation.;