JUDGEMENT
Soumitra Pal, J. -
(1.) The petitioner made an application for the grant of
Freedom Fighter Pension (for short 'Pension') on 12.7.81 under the Swatantrata
Sainik Samman Pension Scheme, 1980 (for short 'scheme'). Along with the said
application the petitioner enclosed the recommendations of two recognized
freedom fighters. The Superintendent of Police, D.I.B., Midnapore on 22.8.89
forwarded a report regarding the role of the petitioner during freedom
movement. Thereafter, the case of the petitioner was recommended, for grant
of pension after being forwarded by the S.A.C./D.L.A.C. on the basis of suffering
from 1939 to 1946 supported by a report issued by S.P., D.I.B., Midnapore.
Since the verification and entitlement to pension report was not received by
the Central Government, the petitioner moved the High Court. The High Court
by an order dated 4.1.96 directed the State to send a duplicate copy of the
recommendation to the Central Government and "the Central Government was
directed to dispose of the matter within three months of the receipt of such
duplicate copy of the recommendation upon notice to the petitioner." However
by an order dated 6.8.96 the application for pension was rejected but it was
mentioned that the Government of India was, however, prepared to reconsider
the case, if the petitioner produced evidence from official records in support of
the claimed suffering and a certificate from the State Government indicating
that the record produced is genuine, relates to the petitioner and the suffering
was in connection with freedom struggle. Being aggrieved by the said order
dated 6.8.96 the petitioner again moved a writ petition which was disposed of
directing the State to consider the representation of the petitioner in accordance
with law if the petitioner produced all the relevant documents in support of his
claim and if the State was satisfied, then the matter shall be referred to the
Central Government to decide it in accordance with law within eight weeks
from the date of receipt of the recommendation from the State Government by
passing a reasoned order.
(2.) As directed by the High Court, an order dated 31.5.99 was passed which
was sent to the Government of India for taking a final decision in the matter.
(3.) However, the respondent No.5 by a letter dated 14.3.2000 informed the
petitioner that as the copy of the Court record submitted in support of the
suffering of the petitioner could not be verified, the case could be considered
further after receiving the verification report from S.D.O., Tamluk. Thereafter,
the respondent No.2 by a letter dated 10.5.2000 requested the respondent No.5
for reconsidering the case of the petitioner and for sending a revised final
recommendation to the Ministry so that a final decision in compliance with the
Court order could be taken. It appears that the respondent No.2 by an order
dated 12.6.2001 rejected the application of the grant of pension. Being aggrieved
the writ petitioner has moved this writ application.;
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