R.S. Sarkaria, J. - (1.) JAGAT Singh, Ex -Serviceman and recipient of a "Tamar Patra' has filed this petition claiming freedom fighter pension, now known as 'Swatantrata Sainik Sanman Pension'. The petitioner having failed in his attempt to convince the respondent - Union of India for his right to claim this pension, has now approached this court. The petitioner, while serving in the Army, showed exemplary courage to take part in the freedom struggle of the country while still serving the foreign ruler. One may have to remind oneself that the course which the petitioner chose was rather difficult one and certainly not an easy. He still scarified his liberty and the entire livelihood for the sake of Nation. In turn, he earned a sentence of nine months rigorous imprisonment.
(2.) THE petitioner was awarded this sentence for taking part for organizing Army men against the British rule while serving in 504 India Supply Government activities, now known as Army Service Corps. The petitioner claims that he along with one L/NK Abdul Gafoor and Hawaldar Atma Ram were tried by Court Martial and sentenced to suffer the imprisonment afore -mentioned. The petitioner has placed on record a certificate issued by Superintendent. Central Jail, Ambala on 28.12.1990 certifying that petitioner Jagat Singh son of Bahadur Singh, resident of Village Madhe Ke, Police Station Nihal Singh Wala, District Ferozepur was admitted in the Central Jail, Ambala on 4.3.1946 under sentence by Court Martial. It is also disclosed that he was sentenced to nine months by Officer Commanding Supply and MOB Centre and this entry is at Sr. No. 4014. The petitioner was admitted to Central Jail, Lahore (now in Pakistan) on 13.3.1946. It is on this basis that the petitioner has applied for grant of pension when he learnt that the Scheme in this regard has been formulated in the year 1972 by the name of 'Freedom Fighter Pension' which has subsequently been re -named as Swatantrata Sanman Pension in the year 1980. When this freedom fighter pension was introduced in the year 1972 on the eve of 25th year of independence of the country, the Government had conferred the petitioner with 'Tamar Patra'. Copy of the Tamar Patra has been annexed with the petition as Annexure P -2 and reads as under: On the Occasion of 25th Year of Independence, to commemorate the struggle of attainment of Freedom, Prime Minister Mrs. Indira Gandhi has conferred the Honour of 'Tamar Patra' on behalf of the Nation to Mr. Jagat Singh. The grateful Nation has honoured the petitioner with 'Tamar Patra' which is presented by none other than the then Prime Minister of this country Mrs. Indira Gandhi and this is to commemorate the struggle of a freedom, yet Babus are advancing one reason after another to deny a meagerly sum of Rs. 200/ - to Rs. 300/ - to the petitioner, which he has asked for as a 'Sanman' Pension.
(3.) THE Scheme, which was introduced in the year 1972 and came to be known as Swatantrata Sainik Sanman Pension w.e.f. 6.8.1980, had undergone various changes from time to time. This Court had the occasion to deal with this Scheme while deciding number of cases filed by freedom fighters, i.e. C.W.P. Nos. 252 of 1996, 3668 of 1997, 16570 of 2001, 2766 of 2004 and 10079 of 2001, who were denied pension. The entire reference to the Scheme and how the same has been interpreted by this Court and even the Apex Court has been noticed in these judgments. It would be futile to again refer to the Scheme in detail and brief reference to the relevant part of the Scheme relating to Ex -Army personnel revolting against British would suffice. The case of the petitioner is covered by a decision of this Court in respect of Sawaran Singh (petitioner in C.W.P. No. 2766 of 2004), who had revolted against British regime and was sentenced to transportation for life and had undergone a sentence of nearly 7 years before he was released. Sawaran Singh, like petitioner, was awarded Tamar Patra and commendation for his remarkable contribution in the freedom struggle. He also, like the petitioner, was denied pension but has been so allowed by this Court through order dated March 13, 2008. Government of India has formulated a scheme for those Ex -Army personnel who revolted against the British regime and had to suffer for atleast six months or more on account of participation in mutiny etc. This scheme is formulated on 22.7.1996. The meeting of the joint committee of the freedom fighters and officials held on 13.11.1997 was annexed with writ petition filed by Sarwan Singh (supra), which is as under: Ex -Army Personnel covered by the special pension scheme should be brought under the Swatantrata Sainik Sanman Pension Scheme as per the recommendation made in the last Joint Committee Meeting.;