KHAZANI DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) The whole controversy in this Letter Patent Appeal (LPA) centres around the question whether Dhir Singh, since deceased, husband of Khazani Devi, the appellant is entitled to the grant of pension under the Freedom Fighter Pension Scheme, 1972. The appellant filed a writ petition claiming Freedom Fighters Pension. That writ petition was dismissed by the learned Single Judge vide order dated 31st August, 2000, on the ground that the husband of the appellant was not a freedom fighter. Thereafter, the review petition was also dismissed vide order dated 17th July, 2001. Aggrieved by the above-said orders, the appellant has approached this Court.

(2.) Adumbrated in brief, the facts of this case are as follows. The husband of the appellant, Sepoy Dhir Singh, expired on 14th July, 1992. He joined as a soldier in the Indian Army on 5th January, 1930 in Jat Regiment. The Jat Regiment surrendered before the Japan Imperial Forces on 15th February, 1942. Thereafter, the Jat Regiment as a whole joined the Indian National Army (in short and was renamed as 3 Guerrilla Regiment. The appellant's husband died in action and it was reported in 'who's who of Indian Martyrs'. Two comrade soldiers of Jat Regiment cremated the body of Dhir Singh alias Dhiru Ram on 15th July, 1942 at Singapore. After the death of Dhir Singh, his widow (the appellant herein) applied for grant of Freedom Fighters Pension. She was granted Freedom Fighter Pension with effect from 15th August, 1972 vide letter dated 7th June, 1974. A few villagers, who were having inimical relations with the appellant, drew the attention of the Ministry of Home Affairs that Dhir Singh had never joined the INA. The appellant was called upon to produce the documents in support of her claim. Her Freedom Fighters Pension was suspended vide letter dated 3rd September, 1991. Thereafter, the appellant made a representation before the respondents but it did not ring the bell. Consequently, the above-said writ petition was filed under Article of the Constitution of India, wherein it was prayed that the impugned letters dated 3rd September, 1991 and 8th May, 1996 be quashed and a writ of mandamus be issued directing the respondents to restore the Freedom Fighters Pension with effect from December, 1992 and to pay the arrears along with interest thereon.

(3.) The respondents listed the following defences in their counter affidavit. The real name of the petitioner is Dhir Singh and not Dhiru Ram as is evident from the voter list and election commissioner card. In her representation dated 31st October, 1973 the appellant submitted that her husband died during July 1942 in Singapore. Subsequently, it transpired from the Army records office letter dated 27th June, 1991 that late Sepoy Dhir Singh had never joined the INA and that he was reported dead on 14th July, 1942. The appellant was granted family pension at the rate of Rs. 8/- per month with effect form 15th July, 1942. The Army record also reveals that Dhir Singh died in Malaya on 14th July, 1942 and his name 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" which was published by the Government of India. The Indian troops of British Army deployed in Malaya and Singapore surrendered before the Japanese Army on 15th February, 1942 and were made prisoners of war. In September, 1942, the first INA, comprising of British Army soldiers was raised by General Mohan Singh. However, the said INA was disbanded in May, 1943. The second INA headed by Netaji Subhash Chander Bose was raised only in July, 1943.