VERMA, J. - (1.) IT is the grievance of the petitioner that despite the fact that he was a Freedom Fighter and submitted application for pension as required under the scheme, but still vide letter dated 2. 9. 1997 the case of petitioner has been rejected by Ministry of Home Affairs, Government of India.
(2.) IT is stated that the petitioner was Executive Member of the Dholpur State Praja Mandal in the year 1945-47 and he had hoisted the `tri-colour' flag of Congress Party on the Government building of the Maharana School on 23. 1. 1946 to celebrate the birth day of Netail Subhash Chandra Boss. This matter was reported to the then Maharaja by the State Diwan Sardar Ranbir Singh. IT is stated that he had been taking active part in Prabhat Pheries, meetings and procession of the Dholpur Praja Mandal along with other students belonging to royal families. As per rule prevailing at that time, the then Maharaja had passed an order of externment from the State Territory of Dholpur in case of the petitioner in December, 1946. He returned back only in March, 1948 after the formation of Matsya Union. IT is also the case of the petitioner that the prominent workers of Dholpur Praja Mandal who were externed from the State territory have been mentioned in the University Text Book "rajasthan Ka ITihas" at page No. 452, copy of which has been annexed to writ petition as annexure-1. The name of petitioner has been mentioned in the only published book `swatantrata Andolen Main Dholpur", copy of which has been annexed as annexure-2. The Central Government had framed a scheme for grant of pension to Freedom Fighters and their family from Central Revenues from 15. 8. 1972 to 31. 7. 1980. The scheme was admissible to those Freedom Eighters who were in need of financial assistance, lateron it was extended to all freedom fighters. Even those freedom fighters who were externed from the State Territories were also entitled to the benefit of pension, the time was fixed for making application was upto 31. 3. 1982. The Minister of State in the Ministry of Home Affairs made a statement on 9. 11. 87 regarding suo moto grant of pension to eminent freedom fighters and total 97 persons, including all living and even dead, President, Ex Chief Ministers, and MPs and some top opposition leaders had been granted the `freedom Fighter pension. Relying on the statement of Hon'ble Minister, the petitioner also applied for the FF Pension vide application dated 29. 12. 87 (Ann. 4 ). Copies of the application were also sent to Prime Minister of India, Chief Minister of Rajasthan, Union Minister for Textiles and M. P. They also forwarded the application of petitioner to the Ministry of Home Affairs. Vide letter dated 18. 2. 88, the Ministry of Home Affairs asked the petitioner to fill up the form, which was sent along with the letter, and to submit documentary evidence. The petitioner is said to have filled up the form and also annexed the relevant document of externment, copies of which has been annexed to writ petition as annexure-6 & 7. The matter was sent to State of Rajasthan for verification. The petitioner had approached the Prime Minister of India and other authorities and had received certain replies as is clear from the orders annexure-5, 10 and 11, to the effect that his matter was being considered. However, the application of petitioner was rejected vide order dated 2. 9. 97 (annexure-14) on three grounds inter alia that (i) the application was moved after expiry of 31. 3. 82; (ii) the State of Rajasthan had not recommended the case of petitioner; and (iii) there was no documentary evidence. The petitioner replied the annexure-14 vide letter dated 26. 9. 97 (annexure-15) and stated that as a matter of fact State Government had already recommended the case of petitioner vide letter dated 5/7-11-97, copy of which has been annexed as annexure-17. The petitioner again received the order dated 24. 7. 98, whereby the case of petitioner was again rejected, copy of which has been annexed as annexure-18. Being aggrieved against the orders dated 2. 9. 97 (Ann. 14) and 24. 7. 98 (Ann. 18), the present writ petition has been filed by the petitioner with the prayer to quash the aforesaid orders and for issuing the writ of mandamus to respondents to grant Freedom Fighter Pension. In reply the facts as stated by the petitioner are not denied. The main ground submitted by respondent is that there was no evidence produced by the petitioner that he had gone to jail or that he was tortured.
(3.) COUNSEL for petitioner relies on Rule 9 of Freedom Fighters' Pension Scheme, 1972. Rule 9 of the Rules is reproduced here under:- " 9. HOW TO PROVE THE CLAIMS (EVIDENCE REQUIRED) The applicant should furnish the documents indicated below whichever is applicable. (a) IMPRISONMENT/detention ETC : Certificate from the concerned Jail authorities, District Magistrate or the State Government in case of non-availability of such certificates co-prisoner certificates from a sitting M. P. or M. L. A. or from an ex-M. P. or and ex-M. L. A. specifying the Jail period (Annexure-I in the application form ). (b) REMAINED UNDERGROUND: (i) Documentary evidence by way of Court's/government orders proclaiming the applicant as an offender, announcing an award on his head, or for his arrest or ordering his detention. (ii) Certificates from veteran freedom fighters who had themselves undergone imprisonment for five years or more if the official records are not forthcoming due to their non-availability. (c) INTERNMENT OR EXTERNMENT: (i) Order of internment or externment or any other corroboratory documentary evidence. (ii) Certificates from prominent freedom fighters who had themselves undergone imprisonment for five years or more if the official records are not available. (ANNEXURE-II in the application ). Note:- The certifier veteran freedom fighters in respect of underground suffering, internment/externment and the applicant should belong to the same administrative unit before the reorganisation of States and their area of operation must be the same. (d) LOSS OF PROPERTY, JOB, ETC: Orders of confiscation and sale of property, orders of dismissal or removal from service. " It is the case of the petitioner that he had submitted all particulars and evidence as required under rule 9 of the Scheme i. e. the certificate from prominent freedom fighter who had themselves undergone imprisonment for five years or more if the official records are not available, the certificate annexure-6, issued by Yugal Das s/o Brindawan Das, resident of Ward No. 11, Dholpur, who himself had taken prominent part in National Freedom struggle and had suffered imprisonment during the freedom struggle lodged in Bombay RIN Mutiny Central Jail in Lucknow & Agra during the period of 1946-47. He had certified that the petitioner was a political sufferer and freedom fighter and suffered the punishment of Externment for more than six months i. e. from, December, 1946 to April, 1948. Apart from above, the Capt. Hari Singh Rajoria Advisor to Ex-Ruler of Dholpur issued the certificate dated 15. 3. 1986 (Annexure-7) certifying that the petitioner was externed from the State in the year 1946. Vide letter dated 14. 5. 97 the Collector Dholpur had certified the certificates of Capt. Hari Singh Rajoria and Yugal Das regarding the punishment of petitioner, and had sent the report of enquiry to the Asstt. Secretary. Vide letter dated 5/7. 11. 97 (Annexure-17) the State Government recommended the case of petitioner to Central Government on the basis of evidence as mentioned in letter itself. Counsel for respondent fairly admits that the pension has been granted even to such freedom fighters who have either not applied or applied for pension after the date fixed. So far the objection of delayed application is concerned, it has no merits. ;