GANGABHISHAN JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition has been filed by the petitioner claiming Swatantrata Sainik Samman Pension (hereinafter referred to as 'S.S.S.Pension' for short). The petitioner claims to be a freedom fighter having participated in the freedom struggle of the country. He claims that on account of his patriotic activities he was arrested and tried under Rule 38(5) of the Defence of India Rules, 1939 and a criminal case was registered against him by the Nasik Police and was tried by the Court of District Magistrate, Nasik. In connection with the case he was arrested and put on trial. He underwent imprisonment from 12.10.1943 to 19.2.1944 at Nanded District Jail and subsequently from 20.2.1944 to 25.5.1944 at Nasik Jail. In this manner, according to him, his total period of imprisonment was 7 months and 14 days.

(2.) It is a matter of record that during 25th Anniversary i.e. Silver Jubilee of Independence, the Government of India introduced a Scheme known as Freedom Fighters Pension Scheme,1972 for grant of pension to Freedom Fighters or their families if they were no more alive, and to the families of martyrs. The scheme commenced from 15.8.1972. The detailed guidelines were issued specifying quantum of pension, persons eligible to get pension and the procedure as per which an individual claiming entitled to get pension can apply, Para-4 of these guidelines states as to who would be eligible to get the pension which reads as under:

(3.) In the case of a trial ending in conviction, under trial period will be counted towards actual imprisonment suffered.