(1.) JUSTICE Anant S. Dave has referred all these matters to a Larger Bench after expressing doubts about the correctness or otherwise of the judgment of the Division Bench in Letters Patent Appeal no. 181 of 2005, since it omitted to notice the applicability of Clause 2. 3 (i) (ii)and Clause 5 of Circular dated 2-11-1998 dealing with the acceptability of secondary evidence in entertaining a claim for freedom fighters pension under swatantra Sainik Sanman Pension Scheme, 1980. Learned single Judge opined as follows :-
(2.) PETITIONER in Special Civil Application No. 21286 of 2006, widow of one Gijubhai Vidyaram Acharya has approached this Court seeking a direction to the Central Government as well as the State Government to grant Freedom fighters Pension to her as a nominee of her husband, who died on 5-2-1984. According to the petitioner, her husband had taken active part in the Freedom fighers Movement under the leadership of Ramajibhai Dharamsinh Soneji, who had remained underground for more than six months during the period between 15th August, 1942 to 31st August, 1943, stating that he was a proclaimed offender. In support of her contention, a Personal Knowledge Certificate (P. K. C.)dated 1-9-1988 issued by one Nirubhai B. Desai, who himself was in jail during the period from 9th August, 1942 to 1st January, 1945 has been produced. Further, it was also pointed out that said Nirubhai B. Desai was a recipient of freedom fighters pension.
(3.) SPECIAL Civil Application No. 21363 of 2006 is preferred by one sakariben Ramanlal Patel, widow of Ramanlal Somnath Patel, who expired on 2-5-2000. According to the petitioner, her husband had remained underground for more than six months from 10th August, 1942 to 1st August, 1943, during freedom fighters movement. In support of the contention, a Personal Knowledge certificate (P. K. C.) issued by Nirubhai B. Desai has been produced.