K PATTAMMA Vs. UNION OF INDIA

JUDGEMENT

(1.) This case arises out of the cancellation of freedom fighter's pension that had been awarded to the late husband of the petitioner under the Swatantrata Sainik Samman Pension Scheme, 1980. It would appear that the pension was cancelled on the ground that the requisite conditions, and in particular, the requirement that the late husband of the petitioner ought to have suffered imprisonment as a member of the Indian National Army, was not satisfied.

(2.) The petitioner's late husband had applied for pension under the Swatantrata Sainik Samman Pension Scheme, 1980 (formerly known as Freedom Fighters Pension Scheme, 1972). The claim of the petitioner is that a certificate issued by the All India INA Committee to her husband to the effect that he was a member of the Indian National Army, has not been believed. It is the case of the respondent that the All India INA Committee is not an official body and, therefore, the records maintained by the Committee are not official records and cannot be relied upon for granting benefits under the scheme. In addition, the stand of the Government is that even if it were to be assumed that the petitioner's husband was a member of the Indian National Army, he was still required to fulfill the other conditions of the scheme, before any benefits can be granted to him.

(3.) It is also averred that before the pension granted to the petitioner's husband was cancelled, a show cause notice was given calling upon her to produce documentary proof in support of her contention that her husband was a member of the Indian National Army and had suffered imprisonment on that account. It is averred that the impugned order dated 19.12.2000 came to be passed because the petitioner failed to produce such documentary proof. In addition, it is the stand of the Government that as per the records prepared and maintained by the Army Authorities, the petitioner's late husband was never inducted as a member of the Indian National Army.