STATE OF ORISSA Vs. CHOUDHURI NAYAK

JUDGEMENT

(1.) Leave granted.

(2.) Choudhuri Nayak, first respondent in these appeals (who died during the pendency of the special leave petitions leaving his widow as his legal representative) filed an application on 18.9.1978 claiming pension under the Freedom Fighters Pension Scheme, 1972 (Rs. scheme for short). In his application, he claimed that he was convicted by the Sub-Divisional Officer, Bhadrak, under Rule 38(5) of the Defence of India Rules (Rs. DIR for short) and sentenced to seven months simple imprisonment. He further stated that in pursuance of such conviction and sentence, he was taken into custody and suffered imprisonment from 19.3.1943 to 10.10.1943 in Balasore jail. The said application for freedom fighters pension was accompanied by a typed unsigned copy of a certificate dated 12.3.1974 said to have been issued by the Superintendent, Balasore District Jail, certifying that the first respondent was convicted and sentenced to seven months simple imprisonment by Sri. P.C. Mohanty, Sub-Divisional Officer, Bhadrak under Rule 38(5) of DIR on 10.3.1943 and he was confined in the said jail from 19.3.1943 till 10.10.1943. Therefore first respondent was asked to produce some acceptable proof of imprisonment. In the year 1982, he produced a certified copy of the Entries made on 12.10.1943 in the criminal case register (Sl. No. 278 of Challan Register) being brief summary of the case decided by Sri. P.C. Mohanty, SDO in case No. G.327of 1942. The said certified copy was obtained by the first respondent from the Record Section of SDOs office on 30.12.1981. The said certified copy showed that Sri P.C. Mohanty, SDO, Bhadrak had made a final order in case titled Emperor v. Salar and 32 Ors. in regard to offences punishable under Sections 147, 35 to 38 IPC and Rule 38(5) of DIR. The name Rs. Choudhari also figured in the names of accused who were convicted and sentenced in that case.

(3.) The State Government accepted the said certified extract of Challan Register as proof of first respondent having undergone imprisonment for more than six months and processed his application and recommended his case for pension. The first respondent was sanctioned Freedom Fighters Pension with effect from 1.8.1980 by the Central Government and with effect from 1.1.1984 by the State Government. The first respondent was being paid pension in terms of the scheme ever since then.