M.M. Kumar, J. - (1.) THIS case presents a gloomy picture of our bureaucracy and their courage to fight the Freedom Fighters nee well known and decorated soldier like Shri Surjan Singh. It reveals complete disregard to the scarifies made by Shri Surjan Singh, who was bodyguard of Netaji Subhash Chander Bose, in preference to strict application of the provisions of Swatantrata Sainik Sanman Pension, Scheme, 1972 extending grant of pension to such soldier. Smt. Gurcharan Kaur wife of Late Shri Surjan Singh has filed the instant petition under Article 226 of the Constitution for issuance of direction to respondent Nos. 1 and 2 to restore the pension under the Swatantarta Sainik Sanman Pension Scheme, 1972 (for brevity, 'the Pension Scheme'), in respect of her husband Late Shri Surjan Singh. Her husband Late Shri Surjan Singh was a Prime Minister's Tamar Pattar Awardee, for having been a member of Indian National Army and bodyguard of Netaji Subhash Chander Bose twice.
(2.) BRIEF facts of the case are that there was one Shri Surjan Singh, who was born in the year 1910. He joined military in the year 1927. He was recruited from Lahore (now in Pakistan). After recruitment, he went to Shanghai (China). When in the year 1931 Shaheed Bhagat Singh was hanged by our colonial masters and the freedom struggle movement in the country was at its pinnacle, Shri Surjan Singh left the service in order to serve the country. He joined Ghaddar Party, which was then known as the Indian Youth League of China (Association of Indian Youth in China). Thereafter in the year 1942 he joined Indian National Army (INA) of Netaji Subhash Chander Bose and remained as bodyguard of Netaji Subhash Chander Bose. Shri Surjan Singh dedicated prime of his youth for the freedom struggle of our country. In the year 1962, the Punjab Government recognized meritorious services of this Hero of freedom struggle and sanctioned him Freedom Fighter Pension, vide PPO No. 1572/FF/PB. He continued to receive that pension till his death and afterward it is being received by the petitioner. On the 25th year of independence of India, Late Shri Surjan Singh was even awarded and bestowed with the prestigious commendation certificate 'Tamar Pattar', by the former Prime Minister Late Smt. Indira Gandhi on 15.8.1972 (P -1). The Government of India also started the Pension Scheme for grant of pension to freedom fighters and with effect from 25.8.1972 pension by the Government of India was also granted to Late Shri Surjan Singh, vide PPO No. 2581/FF/Central, which was in addition to the pension already granted to him by the Punjab Government. However, doubting the genuineness/bonafide of Freedom Fighter status of Late Shri Surjan Singh, the pension granted by the Central Government was stopped in January, 1977. For getting his pension restored, he made numerous representations to the concerned authorities. Even the then Chief Patron Colonel Naranjan Singh Gill, a former Ambassador of India and the then Honorary General Secretary Shri Roshan Lal Seth (Capt. INA), Azad Hind Fauj Association, Amritsar, vide their letter dated 27.12.1990 (P -14), recommended and appealed to the Under Secretary, Ministry of Home Affairs, New Delhi, for restoration of the pension of Shri Surjan Singh. When nothing was done, he was constrained to file a suit for mandatory injunction, bearing Civil Suit No. 191 of 13.3.1996 in the Court of Civil Judge (Junior Division) Amritsar. On 24.12.1996, an ex parte decree in favour of Late Shri Surjan Singh was passed by the learned Civil Judge (Junior Division), Amritsar, holding as under: In view of the evidence lead by the plaintiff consisting of the statement of five witnesses and the law on this point referred to above, I am of the considered view that the plaintiff is definitely entitled to the freedom fighter's pension under the Central Scheme in addition to the similar benefit being obtained by him and the said pension was rightly granted to him by the Central Govt. but has been wrongly/illegally stopped without assigning any reason whatsoever and has not been restored despite of repeated demands and service of Legal Notice. I, therefore, pass ex parte decree in favour of the plaintiff against defendant No. 1 directing deft. No. 1 to restore the pension of the plaintiff from January 1977 and to pay all the arrears from January 1977 upto date with interest @ 18% p.a. with cost. The suit against the defendant No. 2 stands dismissed as having been withdrawn. Decree -sheet be prepared accordingly. File be consigned to the record.
(3.) SH . Surjan Singh had himself appeared as witness (PW -1)in the suit. He had deposed that he joined the Army in 1927 and when Saheed Bhagat Singh was executed in 1931 he was posted in Shinghai (China). In revolt he left the service of the British Government and joined Gaddar Party known as Indian Youth League of China. He named his companion as Chanan Singh of village Dhunda, who was short dead while others namely Santa Singh of village Pipli Bhan was sent to exile. He had further stated that in 1942 he joined Indian National Army and remained posted as body guard of Netaji Subhash Chander Bose twice while one Gurdail Singh was his driver. After dropping of atom bomb in the cities of Heroshima and Nagasaki in 1945, the Japanese forces surrendered and he along with his companions was imprisoned by the then British Government. They returned to India in 1947. In addition he deposed about the release of his pension by the Punjab as well as the Central Governments and said that his name figured at Sr. No. 250 in the book of freedom fighters of Punjab. Statement of Sh. Surjan Singh was supported by PW -2 -Joginder Kaur wife of Sh. Ajaib Singh who had also been working with Sh. Surjan Singh and was also a freedom fighter. His pension was also stopped who filed a suit which was decreed by Civil Judge (Senior Division) Amritsar when the statement of one Jagir Singh (PW -3) clerk of Treasury Office, Amritsar, was also recorded who deposed regarding the payment of pension by the Punjab Government to Surjan Singh, Pritam Singh s/o Ujjagar Singh , Trilok Singh s/o Dhanna Singh. Likewise, Arjan Singh Gharka(PW -4), Tehsil Taran Taran and Pritam Singh son of Ujjagar Singh of village Malhian had also deposed that they had been serving in the Army along with Sh. Surjan Singh and they were also getting the freedom fighters pension from the Punjab Government with effect from 1.10.1990. Statements of PW -4 and PW -5, Arjan Singh and Pritam Singh respectively clearly shows that Sh. Surjan Singh was also serving in the Army with them.;