G.S. Singhvi, J. - (1.) THIS petition was filed by Shri Mehar Chand on 9.11.1998 for issuance of a mandamus directing the respondents to give him the benefit of Freedom Fighter's Pension under the Freedom Fighters Pension Scheme, 1972 (for short, 'the 1972 Scheme'), and/or Swatantrata Sainik Sanman Pension Scheme, 1980 (for short 'the 1980 Scheme'). During the pendency of the writ petition, Shri Mehar Chand died and by an order dated 13.11.2000 passed in C.M. No. 2622 of 2000, his legal representatives, including his widow -Smt. Has Kaur were brought on record.
(2.) A perusal of the record shows that late Shri Mehar Chand submitted an application dated 2.9.1975 for grant of pension under the 1972 Scheme by claiming that he had suffered imprisonment for over one year in connection with the freedom movement. Vide letter Annexure P -2 dated 15.9.1975, the Government of India declined his request on the ground of delayed receipt of the application. The petitioner reiterated his request vide application Annexure P -4 dated 10.2.1996, which was addressed to the Union Home Secretary and having failed to evoke any response, he filed C.W.P. 1608 of 1996, which was disposed of by a Division Bench on 8.4.1997 in the following terms : - "In para No. 3 of the written statement, it has been averred that the Union of India has requested the Government of Haryana for their specific recommendations and verification of certain jail records. It has been further stated that on receipt of the same, the matter will be placed before the Committee set up for the scrutiny of documents and grant of pension. The learned counsel for the petitioner accepts these averments. In this view of the matter, this writ petition has become infructuous and is disposed of as such. It will be desirable if the matter can be decided within six months." Thereafter, Shri Mehar Chand's claim for grant of Freedom Fighters' Pension along with other similar claims was considered by the Haryana Swatantrata Sainik Sanman Samiti, Chandigarh in its meeting held on 6.6.1997 under the chairmanship of Shri Ram Singh Jhakhar, which was attended by Sarvshri Balwant Rai Tayal, Ch. Manphool Singh, Suraj Bhan Mittal, Capt. Banwari Lal (INA) and Chand Ram (INA). On the application of Shri Mehar Chand, the Committee took the following decision : - "The applicant was not present, being Court Case, the Committee considered this case in absence of the applicant. As per copy of the Register of Fozdary Riasat Pataudi dated 26.3.39 produced by Shri Mehar Chand, the accused Shri Nand Kishore and others including the name of Shri Mehar Chand son of Shri Dhan Singh resident of Village Sherpur District Gurgaon were punished for imprisonment of two years and fine of Rs. 100/ - and Rs. 200/ - or three months imprisonment under various Sections by Lala Girdhari Lal, Civil Magistrate First Class. All these accused were related on 6.10.39 by Diwan Sahab Bahadur on the grounds that the imprisonment which they have already undergone is sufficient. In this position, the actual imprisonment of all these accused, including Shri Mehar Chand comes out of 6 months and 20 days. It may be, that all the above mentioned accused may have been kept as trial prisoners. In the above position, the Committee has recommended to sanction State as well as Central Freedom Fighter Pension to Shri Mehar Chand son of Shri Dhan Singh."
(3.) THE Government of Haryana accepted the recommendations of the Committee and vide letter Annexure P7 dated 4.2.1998, the Chief Secretary, Government of Haryana, conveyed sanction of the State Freedom Fighters' Pension to Shri Mehar Chand with effect from 22.1.1996. However, the Government of India declined to accept his claim for grant of pension under the 1972 Scheme, and/or the 1980 Scheme on the ground that he had not produced original documents to prove the factum of his imprisonment in Pataudi Jail.;