GANGA BISHAN JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) By this writ petition the petitioner has sought for a direction to the respondents for grant of freedom fighters pension to the petitioner w.e.f. 1.8.1980 or in the alternative from the date of the application under the provisions of the Freedom Fighters Pension Scheme (hereinafter called the Scheme).

(2.) The petitioner in his writ petition has stated that he participated in the freedom struggle for the independence of the country and on account of his patriotic activities he was arrested in pursuance of a criminal case which was registered against him by Nasik Police and he underwent imprisonment from 12.10.1943 to 19.2.1944 at Nanded Jail and subsequently from 20.2.1944 to 25.5.1944 at Nasik Jail. According to the petitioner, the total period of imprisonment underwent by him thus was 7 months and 14 days and in terms of the provisions of the Pension Scheme the petitioner is entitled to receive such pension having fulfilled the eligibility criteria of having undergone 6 months imprisonment.

(3.) The respondents in their counter affidavit have stated that the petitioner had beenable to produce documentary evidence to show that he had undergone imprisonment for about 4 months and 7 days which is less than the minimum period of suffering specified under the scheme which is at least 6 months period. It is further stated that the petitioner has not been able to produce any evidence to show that he had undergone 3 months and 7 days imprisonment at Nasik and in the absence of the same it is impossible to accept the contention of the petitioner that he has been imprisoned for a period of 7 months and 14 days.