DHAIRYA NATH KAKATI ALIAS DHAIRYA RAM KAKATI Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Appeal arises out of judgment dated 23.8.95 passed by a learned Single Judge of this Court in Civil Rule No. 2622 of 1993 thereby dismissing the writ petition. The writ petitioner - appellant claiming to be a Freedom Fighter challenged the respondents action by which the pension granted to him under the Freedom Fighter Pension Scheme, 1972 was discontinued and revoked. This scheme is now known as Swatantra Sainika Samman Pension Scheme, 1980. The main ground on which the learned Single Judge dismissed the petition, was that he did not satisfy the rquisite conditions of eligibility of having undergone 6 months imprisonment. Even while dismissing the petition, the learned Single Judge observed

(2.) Learned counsel appearing for the writ petitioner appellant submitted that he was a freedom fighter who had offered Satyagraha in 1941 and organised Santi Sena Camps by taking active part in the 1942 Quit India Movement and was also involved in underground activities from August 1942. He was arrested by police on 7.5.1943 and was put as an under-trial prisoner at Gauhati Jail from 7.5.1943 to 11.8.1943. He was tried and convicted for offence punishable under Section 39(1) of Defence of India Rules (Possession of Prejudicial Reports) and sentenced to undergo 3 months R.I. w.e.f. 12.8.1943 to 11.11.1943. He was released from jail on 11.11.1943.

(3.) The condition of eligibility as enumerated under Clause 4 of the Pension Scheme, 1980 are as follows : "4. Who is eligible ? For the purpose of grant of Samman pension under the Scheme, a freedom fighter is : (a) A person who had suffered a minimum imprisonment of six months in the mainland jails before independence. However, ex INA personnel will be eligible for pension if the imprisonment/ detention suffered by them was outside in jail. (b) The minimum period of actual imprisonment for eligibility of pension has been reduced to three months, in case of women and SC/ST freedom fighters from 1.8.1980. EXPLANATION : 1. Detention under the orders of the competent authority will be considered as imprisonment. 2. Period of normal remission upto one month will be treated as part of actual imprisonment. 3. In the case of a trial ending in conviction, under trial period will be counted towards actual imprisonment suffered.