SAMBUDDHA CHAKRABARTI,J. - (1.) The octogenarian freedom fighter has been compelled to approach the court of justice for the fourth time in order to vindicate his right to receive Freedom Fighters' Pension for his participation in the Quit India Movement which commenced in the year 1942. About seven decades ago a young man with a mission to free India from the clutches of the foreign rule participated in the movement and, as mentioned by him in the writ petition, destroyed properties of various sorts. There is specific statement that several attempts were made to arrest the petitioner during the movement and an order of detention was issued against him. But he succeeded in avoiding the same by remaining underground from December, 1942 to September, 1944.
(2.) On the completion of 25 years of independence, the Government of India decided to grant pension to those freedom fighters who had participated during the freedom movement and suffered imprisonment for a minimum period of six months. At that point of time it was known as Freedom Fighters' Pension Scheme, 1972 and the same has been subsequently substituted by Swatantrata Sainik Samman Pension Scheme, 1980 ('S.S.S. Pension Scheme', for short). According to the petitioner he remained underground along with late Tarapada Chakrabarty. Since the order of detention was not available he could not apply for this pension earlier. Subsequently the District Magistrate, Medinipore notified that no relevant records relating to the issue of warrant or proclamations and prosecutions for the period from the year 1930 to 1946 were available. The petitioner applied for the grant of pension on the basis of the certificate issued by late Tarapada Chakrabarty who himself has suffered imprisonment for a period of five years.
(3.) Subsequently as directed by the State Government, he submitted another certificate by late Rabindranath Giri, another eminent freedom fighter. According to the petitioner when records are not available the certificate in terms of the liberalised policy of the concerned scheme from an eligible person should be accepted as a proof of the claim made by a freedom fighter.;