AMBALAL RATNABHAI Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) This group of 37 petitions has been filed under Art. 226 of the Constitution of India seeking direction to the respondent to sanction pension under Freedom Fighters' Pension Scheme, 1980, formerly known as Freedom Fighters' Pension Scheme, 1972. Since the primary question of consideration arising for determination is same and similar, this group of petitions is disposed of by this common judgment.

(2.) In the year 1972, on the eve of the Silver Jubilee of the Independence Day, central scheme for grant of pension to freedom fighters and their families was introduced by the Government of India in the name of Freedom Fighters' Pension Scheme, 1972. This scheme commenced with effect from 15-8-1972 and provided for grant of pension to living freedom fighters and their families if they are no more and to the families of martyrs. The minimum persion sanctioned to the freedom fighters was Rs. 200.00 per month and for their families varied from Rs. 100.00 to Rs. 200.00 in accordance with the size and number of eligible dependants. The benefit of the Pension Scheme has been extended to all freedom fighters. The benefit of the scheme was available only to the persons whose annual income does not exceed Rs. 5000.00. This scheme was liberalised with effect from 1-8-1980 and the benefit of the scheme was extended to all the freedom fighters as a token of 'Samman'. Thus, the 1980 Pension Scheme is also known as 'Samman Scheme'.

(3.) The maximum quantum of pension was also increased from Rs. 200.00 to Rs. 300/- for freedom fighters and the minimum was enhanced from Rs. 100.00 to Rs. 200/- to widows of the late freedom fighters with an addition of Rs. 50.00 per month per each unmarried daughter with a maximum of Rs. 300.00 per month. Clause IV of the Scheme provides eligibility for the 'Samman Pension' as under : (a) a person who has suffered minimum imprisonment of six months. In case of women and persons belongs to SC/ST categories, the actual period of imprisonment has been reduced to three months ; (b) a person who has remained underground for more than six months provided he was a proclaimed offender or one whom against award for arrest / warrant was announced or one whose detention order was issued but not served ; (c) a person interned in his home or externed from his District provided for the period of externment was not less than six months ; (d) a person whose property was confiscated or attached and sold due to participation in the freedom struggle ; (e) a person who became permanently incapacitated during the firing or lathicharge ; (f) a person who lost his job from Central or State Government and thus means of livelihood is affected after participation in national movement. This scheme provides that person who considers thus eligible for 'Samman Pension' under the scheme should apply in duplicate in the prescribed application form. Such application form is required to be accompanied by required documents as proof of claim of suffering. The second copy is required to be sent to the Deputy Secretary to the Government of India, Freedom Fighters' Division, Ministry of Home Affairs. Clause 9 provides the manner of proving the claim. In order to establish a claim on the ground of imprisonment/detention, a certificate from the concerned jail authorities, District Magistrate, or the State Government is required to be produced. However, in case of non-availability of such certificate of imprisonment or the detention can be established alternatively by a certificate of co-prisoers or certificate from sitting M. P. or MLA or from ex-MP or ex-MLA certifying the jail period.