Tapabrata Chakraborty J. - (1.) A procrastinated legal battle pertaining to grant of pension under the Swatantrata Sainik Samman Pension Scheme, 1980 (hereinafter referred to as the said scheme) culminated in an order dated 28th November, 2014 passed by the learned Single Judge in W.P. No.1736 (W) of 2009 upholding the claim towards grant of pension under the said scheme. The said order dated 28th November, 2014 is under challenge in the instant appeal.
(2.) Records reveal that as the application of the writ petitioner/respondent no.1 herein for grant of pension under the said scheme was not considered, he approached this Court through a writ petition which was disposed of by an order dated 22nd February, 1995 directing the respondents/appellants herein to take a final decision. Subsequent thereto, the claim of the respondent no.1 was rejected by an order dated 20th March, 1996. Challenging the said order he preferred a writ petition being WP 12043 (W) of 1998. Upon contested hearing, the Hon'ble Court by an order dated 23rd July, 2002 set aside the reasons given in the said order dated 20th March, 1996 and directed the authorities "to decide the matter afresh on the basis of the documents produced before the said authorities and sanctioned by the State of West Bengal". The appellants did not prefer any appeal against the said order. Thereafter the respondent no.1 was communicated an order dated 25th October, 2002 passed by the appellant no.2 rejecting his claim. Challenging the said order dated 25th October, 2002, the respondent no. 1 again approached this Court by a writ petition being WP 3710 (W) of 2003. The said writ petition was dismissed by an order dated 26th April, 2005. Aggrieved thereby, the respondent no.1 preferred an appeal which was disposed of by a judgment dated 19th September, 2008 setting aside the order impugned in the appeal and directing that "the Central Government will proceed to decide on the appellant's application only on the basis of the documents furnished and without calling for any further evidence". The said judgment was not challenged by the appellants. Subsequent thereto, the respondent no.1 was communicated an order dated 17th December, 2008 issued by the appellant no.3 rejecting his claim. Challenging the same, the appellant preferred a fresh writ petition being WP 1736 (W) of 2009 and initially an order was passed in the same on 21st March, 2011 directing the District Magistrate, Purba Medinipur and the Superintendent of Police, District Intelligence Branch, Purba Medinipur to produce the police records from the year 1942 1944. Pursuant to the said order the District Magistrate, Purba Medinipur issued a memorandum dated 28th March, 2011 to the Superintendent of Police, Purba Medinipur and in reply thereto, the said Superintendent of Police, Purba Medinipur intimated that the "Officer-In-Charge, Bhagawanpur Police Station has sent a message to the undersigned that no police record has been found during the period from 1930-1946". Thereafter upon exchange of affidavits, the writ petition was allowed by setting aside the order dated 17th December, 2008. The respondent nos. 1, 2 and 3 in the writ petition have come up in appeal against the said order.
(3.) Mr. Mukhopadhyay, learned advocate appearing for the appellants argues that the learned Single Judge while disposing of the writ petition did not grant any weightage to the report of the District Magistrate, Medinipur dated 8th November, 1993 which confirmed that there are other records from where details of the persons who had taken part in freedom struggle can be ascertained. As upon thorough enquiry it was ascertained that there were records pertaining to the period from 1930 to 1946, no reliance can be placed upon the Personal Knowledge Certificate (hereinafter referred to as PKC) issued by Rabindra Nath Giri.;