- (1.) Freedom fighters seem to be standing in a queue, waiting for their turn to await decision regarding their pensionary rights. Very recently, this Court had decided two of the writ petitions, directing grant of freedom fighter pension either to the freedom fighter himself or to his family. While disposing of the said writ petition, this Court had expressed, its concern in the careless attitude and bureaucratic approach adopted by the persons dealing with such cases. That approach is clearly noticed in the present three cases where the claim for grant of freedom fighter pension to the freedom fighters or to their families has been denied with reasons which are not found justifiable, fair or reasonable.
(2.) Through this order, three writ petitions Nos. 3668 of 1997 (Balbir Kaur Malhi v. The Secretary to Govt. of India, New Delhi), 16570 of 2001 (Des Raj v. Union of India and others) and 2766 of 2004 (Sawaran Singh v. Union of India and another) are being disposed of together as the common question of law arise for determination in these three writ petitions. Let us proceed to notice the facts in these three respective writ petitions, which would show that the authorities have not been considerate and kind enough to consider the claim of the respective petitioners in the spirit of the scheme that has been formulated by the Government to grant freedom fighter/Sainik Samman Pension, which is termed more as an honour rather than any pension as understood in the normal parlance.
(3.) Smt. Balbir Kaur Malhi is a wife of Late L/Hawaldar Kuldip Singh, who served as a Clerk in the Sikh Regiment of the Indian Army. Nationalism in him had made him to join Indian National Army (INA) raised by General Mohan Singh with the aim of fight for freedom of this country. Having been enrolled as a Sepoy on 29.7.1940, he had opted for being part of INA in the year 1942 and was sent to New Britain and New Guinea by Japanees. He embarked at the Indian port on 20.10.1944. On 18.11.1955, the husband of the petitioner was discharged from the Indian Army on his request and breathed his last on 6.4.1967. Having learnt about the Scheme of freedom fighters pension, the petitioner applied for the same on 30.6.1978. Her prayer, however, was rejected on 9.9.1981 on the ground that her husband was discharged at his own request and not due to his association with INA.;