SHRICHAND JAIN Vs. UNION OF INDIA

JUDGEMENT

(1.) QUESTION which arises for the decision in the instant writ petition is whether legal representatives of deceased freedom fighter are entitled to claim the pension; which was applied for by the deceased freedom fighter but was not released on impermissible grounds.

(2.) LATE Shri Sundarlal Jain participated in the freedom struggle; took part in "bharat Chhodo Aandolan" and was arrested at Sagar and was later sent to Central Jail, Jabalpur; he was arrested in September, 1942 and was transferred on 14-10-1942 from Sagar to Central Jail, Jabalpur where he remained confined upto 28-6-43. After release Late Shri Sundarlal Jain again actively participated in freedom struggle. State Government granted the pension admissible to a freedom fighter, however, the Central Government declined to grant pensionary benefits to Late freedom fighter Shri Sundarlal Jain; he made an application to the Central Government in the year 1984.

(3.) THE petitioners claim that petitioner was arrested by the erstwhile British Government for taking part and organising meetings, distribution of bulletines, organising procession; Deputy Collector, Sagar had certified the factum of arrest on 5-9-42 and continued detention of Late Shri Sundarlal Jain in Central Jail at Jabalpur till 28-6-1943. Central Government formed the scheme for the grant of pension to the freedom fighters on 18-9-72; the scheme was amended in the year 1986. The scheme was re-named as "the Swatantrata Sainik Samman Pension Scheme". Petitioners submit that at the relevant time for being entitled to the grant of central pension, detention in jail was required of six months only; whereas Shri Sundarlal Jain remained in jail for about 9 months. Jail Superintendent, Sagar had also certified the factum of arrest and transfer to Jabalpur Central Jail as per Warrant No. 1712. State Government recommended the application of the petitioner to the Central Government on 23-12-95. Petitioners filed previously a Writ Petition No. 1757/96 before this Court; this fact was noticed that petitioner remained in Jail from 5-9-42 till 25-6-43. There were certain discrepancies in the claim made by the petitioners, this Court directed the petitioners to furnish information and Union of India was directed to decide the claim within eight weeks; this direction was issued by this Court on 4-1-2000; final order has been passed by the Govt. of India, Ministry of Home Affairs on 10th of April, 2000 (Annexure P-7); the application was rejected on the ground that if the freedom fighter is not alive, for the purpose of grant of pension, the family includes mother, father, widower/widow if he-she has not since remarried and unmarried daughters. Also in case where the freedom fighter expires after submission of their application without pension being sanctioned in their favour leaving behind successors who are eligible for grant of family pension under the Scheme. Family pension can be sanctioned in favour of the legal dependents but no posthumous sanction could be issued in such case in favour of legal heirs who are not eligible for grant of family pension under the scheme. As the son's under the "swatantrata Sangram Sainik Pension Scheme" are not entitled for family pension, it was regretted that no pension could be granted in their favour and their case was rejected. Petitioners submit that they were not claiming the family pension but the pension which was applied for by Late Shri S. L. Jain on 3-9-84 and waiting for the decision of the application; release of the pension; he had filed W. P. No. 1757/96, however, could not see the fruits and died. The petitioners are claiming the arrears only which should have been paid from the date of application till the date of death of Late Shri Sundarlal Jain on the basis that right of pension was right in property, thus, petitioners are entitled to claim it being the legal representatives.