SECRETARY TO GOVERNMENT OF INDIA Vs. SAWINDER KAUR

JUDGEMENT

(1.) Leave granted.

(2.) The husband of the respondent No. 1, late Gurnam Singh Dhillon, had applied for grant of freedom fighter pension on the basis that he had participated in the freedom struggle and had joined the Indian National Army or Azad Hind Fauj (for short "the INA") during 1941-42 in Singapore. His claim for pension was based on the scheme, namely, Swatantrata Sainik Samman Pension Scheme, 1980 (for brevity "the 1980 Scheme"). Prior to the said Scheme, the Freedom Fighters Pension Scheme, 1972 (for short "the 1972 Scheme) was in vogue from 15.8.1972. The benefit of the 1972 Scheme was extended to certain categories of freedom fighters and their family members and the said Scheme was liberalized in the year 1980. Under the said liberalized scheme, anyone who had participated in the INA and in the Indian Independence League (IIL) was also treated to have participated in the National Liberation Movement. Under the said Scheme, a person, claiming pension on the grounds of being in custody in connection with the freedom movement, could be considered for grant of pension on production of imprisonment/ detention certificate from the concerned jail authorities, District Magistrate or the State Government indicating the period of sentence awarded, date of admission, date of release and various other factors. It also provided that in case official records of the relevant period were not available, secondary evidence in the form of certificates from co-prisoners from central freedom fighter pensioners who had proven jail suffering of minimum one year and who were with the applicant in the same jail could be considered provided their genuineness could be verified and found to be true by the competent authorities. In case of persons belonging to INA category, a certificate from a coprisoner from the central freedom fighters pensioner was required. As per the 1980 Scheme, the ex-INA personnel who had not suffered formal punishment were not eligible for getting pension but later on, regard being had to their hardships and their patriotism, they were admitted to the Scheme from the year 1980 in terms of the relaxation provided in the Ministry of Home Affairs circular No. 8/4/83-FF(P) dated 31.1.1983.

(3.) As is demonstrable from the factual score, when the husband of the respondent No. 1 submitted the application for grant of freedom fighters pension, the army record showed that he was enrolled in the army on 13.6.1939 and released from service on 14.2.1946 due to reduction of the Indian Army, but not due to association with the INA and was also paid service gratuity. His application was initially rejected on 16.8.1980. After expiry of nine years, in 1989, he claimed that he, being an ex-INA, was sent to New Guinea/New British Islands and had suffered immense hardships and, accordingly, sought pension in terms of the Ministry of Home Affairs circular No. 8/4/83-FF(P) dated 31.1.1983. The claim was put forth in accord with clause (v) of para 1 of the said circular which stipulated that the persons of ex-INA who had been sent to New Guinea and adjoining islands and had undergone extreme hardships, starvation, although they did not suffer any formal imprisonment, would be admitted to the 1980 Scheme. His application was not entertained and the prayer was not accepted.