Arijit Banerjee, J. - (1.) The petitioner claims that her husband was an active Freedom Fighter, who participated in the Quit India Movement. The petitioner's husband, namely, Sudhangshu Sekhar Ghara (in short- Sudhangshu) passed away on12th September 2004.
(2.) The Government of India introduced a scheme for providing pension to Freedom Fighters in the year 1972. The scheme was modified in the year 1980 and came to be known as Swatantra Sainik Samman Pension Scheme, 1980 (in short -the said scheme). The pension scheme provided, inter alia, that a person, who had suffered a minimum imprisonment for six months in the mainland jail before independence would be eligible for pension. It was explained in the scheme that a person, who remained underground for more than six months provided he was one for whose detention order was issued but not served would also be eligible for pension under the said scheme. As regards the procedure of proving the claim of being a Freedom Fighter, Clause-9 of the Scheme provided that Certificates from veteran freedom fighters, who had themselves undergone imprisonment for five years or more would suffice if, the official records are not forthcoming due to their non-availability. Sudhangshu applied for pension under the said scheme on 15th July, 1981, claiming to be a proclaimed offender.
(3.) Since he could not produce documentary evidence by way of Court/Government orders in support of his claim, he supported his application with a certificate issued by a Freedom Fighter, who had himself undergone more than five years' imprisonment, namely, Sushil Kumar Dhara. In view of the authorities taking no decision in the matter, Sudhangshu approached this court by way of a writ petition, which was disposed of by this court by an order dated 10th January 1994 directing the Central Government to dispose of Sudhangshu's application within a stipulated time period. Pursuant to such order, a Memo dated 11th March 1994 was issued by the under Secretary to the Government of India rejecting Sudhangshu's application. In the said Memo, it was recorded, inter alia, as follows:- "Mere submission of such certificates from eligible 'Certifiers' without supporting evidence from official records or a certificate from the State Government (including all State Agencies) cannot make you entitled for grant of pension. Your case was also recommended by the State Government on the presumption that records of the relevant time were not available. However, subsequently, the State Government vide their letter dated 12.2.1987/31.03.1987 forwarded a report from the District Midnapore which indicated that Thana records were checked but nothing was found against you. Warrant of Register for 1942-44 is not available at Janbas P.S. There is no note in any other Register about you during the years 1942-44 ";