DARSNA DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) THOUGH this writ petition is filed by a widow claiming pension in the Freedom Fighter Pension Scheme, as the facts stated by me hereinafter will show that, Courts have to take indeed strict view in certain matters so that fraudulent claims are not entertained and judicial time is not wasted. These strong observations are being made at the outset in view of the facts of the present case.

(2.) THE facts of the case are that the petitioner is a widow of late Nk. Kanshi Ram. As per the case as stated in the petition, the husband of the petitioner is stated to have joined the army in Dogra Regiment on 5.1.1937. Nk. Kanshi Ram as per the petitioner was said to have been taken as a prisoner of war by Japanese and he was detained as a prisoner of war from 1942 to 1944. The further pleading in the petition is that the petitioner served with INA alongwith one Hari Singh and Khusi Ram who gave affidavits dated 13.5.1981 that Nk. Kanshi Ram was a freedom fighter in INA. Nk. Kanshi Ram as per the petitioner is said to have joined the Indian Army after the Second World War and he retired from Army on 21.7.1956. Nk. Kanshi Ram is said to have applied for Freedom Fighter Pension under the 1972 Scheme to which it is said that no response was received and thereafter a fresh application was made in 1981 which was rejected on 24.8.1982. Nk. Kanshi Ram thereafter died on 10.11.1995 and petitioner who is his widow had again sent an application for Freedom Fighter Pension on 17.8.2009. The application of the petitioner was rejected on 9.12.2009 and thereafter the present writ petition has been filed in the year 2010.

(3.) THEREFORE , the present petition has been filed 27 years after Nk. Kanshi Ram 's second application was rejected in the year 19 and 14 years after the death of Nk. Kanshi Ram himself. In view of the facts stated above, the following paragraphs of the counter affidavit filed by the respondent are relevant and they read as under: -