KHAZNI Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition under Article 226 of the Constitution of India, the petitioner prays for quashing of the impugned letters dated 3.9.1991 and 8.5.1996 respectively and for writ of mandamus directing the respondents to restore the F.F.Pension w.e.f. December, 1992 and also pay the arrears along with the interest thereto.

(2.) The petitioner is the widow of late Dheeru Ram who was enrolled as combatant soldier in the Indian Army on January, 5,1930 in 2/9 Jat Regiment; that during the second world war, 2/9 Jat Regiment is stated to have fought against Japanese imperial forces and whole of the Regiment surrendered to the Japanese forces on 15.2.1942; that 2/9 Jat Regiment as a whole joined the INA on February 16, 1942 and the new Unit was known as 3 Guerrilla Regiment and the deceased husband of the petitioner was promoted to the rank of Havaldar; Later on he died in action as it is reported in who's of Indian Martyrs; that the petitioner being legal widow of Ex.INA Havaldar Dheeru Ram applied for the grant of Freedom Fighter Pension under the Freedom Fighter Pension Scheme, 1972; that the petitioner was granted Freedom Fighter Pension w.e.f. 15.8.1972 vide letter dated 7.6.1974; Also this fact was communicated by the Chairman, F.F.Assitt. Committee Government of Haryana, Chandigarh to Choudhary Ranbir Singh (M.P.), the petitioner being voter of Lok Sabha constituency of Ch. Ranbir Singh, vide letter dated 18.6.1974; that the petitioner has some difference with the villagers and there are several villagers who were serving in records of the Jat Regiment and who were not happy with the petitioner, They manipulated some entries in the record with the record office and managed to sent a letter to the Ministry of Home Affairs that Dheer Singh was not in the I.N.A.; that respondent no.1 asked for the documents and also suspended the F.F. Pension vide letter dated September 3, 1991; that respondent No. 3 also sent another letter dated 27.12.1991 stating therein that her husband late Dheeru Ram died in Malaya on 14.7.1942; that the Army Hq. prepared the record in 1956 which is based on surmises and conjectures and does not have authenticity as the communication between the Headquarter and the Jat Regiment was totally cut off and there was no means of ascertaining the fact regarding the date of death of any soldier. Also the record does not deny the fact as the same is accepted by the Government of India; that the 2/9 Jat Regiment as a whole surrendered to Japanese Imperial forces on February 15, 1942 and then the 2/9 Jat Regiment was renamed as 3 Guerrilla Regiment; that two affidavits of ex-soldiers of 2/9 Jat Regiment who personally knew late husband of the petitioner, were submitted to respondent no.1; that respondent No. 2 made secret Magisterial inquiry and perusal of the same also establishes that the late husband of the petitioner was freedom fighter.

(3.) The respondents filed counter-affidavit and refuted the claim of the petitioner, inter alia, contending that the real name of the late husband of the petitioner is Dheer Singh and not Dhiru Ram as evident from the voters list and election commission care; that the late husband of the petitioner No. 10199, Ex-sepoy Dhir Singh was enrolled in the 2/9 Jat Regiment on 5.11.1930; that the husband of the petitioner died on 14.7.1942: that the duplicate discharge certificate dated 16.4.1968, Annexure R-1, was submitted to the Ministry by the petitioner herself along with representation dated 31.10.1973 and that in this representation, the petitioner herself submitted that her husband died in July, 1942 at Singapore; that on the basis of documents annexed, Central F.F.Pension was granted to the petitioner as the widow of Dhir Singh alias Dhiru Ram. However, later it was revealed from the Army Records Office letter dated 27.6.1991 that late Sepoy Dhir Singh had never joined INA and that he was reported dead on 14.7.1942; that the record office further stated that Smt.Khazani Devi (Petitioner) wife of the deceased was granted family pension at the rate of Rs.8.00 per month w.e.f. 15.7.1942; that the Army record office has reiterated that "As per records held in this office and informed several times to all concerned that No. 10199 late Sep. Dhir Singh had never served INA whereas the above deceased individual died in Malaya on 14th July, 1942."; that the Army record office has further intimated that the name of late Dhir Singh was found published at page No. 6, Serial No. 189, in a book "REGISTER OF CASUALTIES INDIAN ARMY WORLD WAR II, VOLUME XIII, 9TH JAT REGIMENT, 1956". The above book was published by the Government of India, Ministry of Defence; that it is a historical fact that the Indian troops of "British Army" deployed in Malaya and Singapore surrendered before the Japanese Army on 15.2.1942 and were made prisoners of war. It was only in September, 1942 that 1st INA, comprising of British Army Soldiers, was raised by Gen.Mohan Singh. However, this INA was disbanded in May, ; 1943. The lInd INA, headed by Netaji Subhash Bose was raised only in July, 1943. As late Sepoy Dhir Singh expired on 14.7.1942, the question of his joining INA does not arise; that only those ex-army personnel who had either joined INA or had taken part in some specific mutinies (recognised by the Government of India) are eligible for grant of Freedom Fighters'Pension from Central Revenues. As the case of late Dhir Singh does not come under either of the two categories mentioned above, Central F.F. Pension cannot be granted to his widow i.e. the petitioner.