BRIJLAL SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition, the petitioner seeks a direction to the respondent No. 1/Union of India to grant Swatantrata Sainik Samman Pension (for short, "SSSP") under the provisions of Bharat Sarkar Sainik Samman Scheme, 1980 (for short, "the Scheme").

(2.) THE indisputable facts, in nutshell, as projected by the petitioner are, that the respondent No.1 introduced a scheme known as Freedom Fighters Scheme 1972 for grant of pension to freedom fighters and their family. The said scheme was later on modified and new scheme namely Swatantrata Sainik Samman Pension Scheme, 1980 was introduced with effect from 1 -8-1980 (Annexure P/2). One of the eligibility conditions for grant of pension under Clause (4) of the Scheme is that a person has gone underground for more than six months. The petitioner is a freedom fighter and duly recognized by the State of Chhattisgarh. The petitioner is receiving freedom fighters pension from the State Government under M.P. Swatantrata Sangram Sainik Samman Nidhi Rules, 1972 (for short, "the Rules 1972") (Annexure P/13). The petitioner is entitled to grant of SSSP under the Scheme. The petitioner in accordance with scheme made an application on 28-1-1982 (Annexure P/1) which was received on 2-2-1982. The last date for submitting the application under the Scheme was 31-3-1982. The respondent No. 1 rejected the application of the petitioner which was communicated to the petitioner by letter dated 21-7-1998. The petitioner thereafter submitted his representation dated 13-12-1999 the same was also rejected by order dated 7-2-2000 (Annexure P/12). Thus, this petition.

(3.) PER contra, Mr. S.K. Beriwal, learned counsel appearing for the respondent No.1 /Union of India would submit that in the Scheme, eligibility criteria for pension was modified and the minimum requirement of six months was reduced to three months in case of women and SC/ST Freedom Fighters. In case of other Freedom Fighters, it was made minimvim six months imprisonment/abscondence/ internment/externment on the basis of the jail certificate. In the event, the jail certificate is not available, it is required to produce NARC and co-prisoner certificate. In case the certifier is an MP or MLA or an Ex-MP or Ex-MLA who had been freedom fighter himself only one certificate is sufficient. In case of the applicant claiming underground suffering, he was required to submit Court's/Government's orders proclaiming the applicant as an offender or any other document. If the records are not available, the requirement is the certificate from NARC from the State Government and PKC from a prominent freedom fighter having two years imprisonment. He should fulfill any of the conditions i.e., he should be a proclaimed offender, or an award for his arrest/head was announced against him, or a detention order was issued against him but could not be served.