JAGDAMBA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal by way of special leave impugns the final judgment and order dated 01.04.2015 passed by the High Court of Judicature at Patna in LPA No.1348 of 2012 whereby the High Court allowed the LPA No.1348 of 2012 filed by the respondents herein and thereby declined appellant's claim of dependent family pension under Swatantrata Sainik Samman Pension Scheme, 1980.

(3.) Briefly stated, the facts of the present case are as follows: The appellant is the widow of one Late Hari Kant Jha who had been accused and arrested in a criminal case emanating from freedom struggle movement of 9th August, 1942. The deceased took part in the freedom struggle and allegedly remained absconding in this context from 16.08.1942 to 14.10.1944. The deceased was arrested on 14.10.1944 and remained in jail till he was released on bail on 27.10.1944. He was thereafter discharged from the case on 25.01.1945. Late Hari Kant Jha filed an application seeking pension under Swatantrata Sainik Samman Pension Scheme, 1980 ("the Scheme"), which was subsequently pursued by his wife that is the appellant herein. The State Government vide letter dated 06.04.1993 recommended for sanction of Freedom Fighter Honour Pension to the appellant. It was however, noted in the recommendation letter as well as the jail certificate produced by the appellant that Hari Kant Jha was detained in jail for thirteen days only. Declining the State Government's recommendation, the Central Government vide order dated 26.07.2000 rejected the appellant's claim on the ground that the statutory mandate of serving minimum six months in detention was not fulfilled in the case of the deceased.