UNION OF INDIA Vs. AVTAR SINGH

JUDGEMENT

(1.) LEAVE granted.

(2.) THE Union of India calls in question legality of the judgment rendered by a Division Bench of the Punjab and Haryana High Court dismissing the letters patent appeal filed by it. The learned single Judge whose order was assailed before the Division Bench had held that the respondent was entitled to freedom fighters' pension under the Swatantrata Sainik Samman Pension Scheme, 1980 (in short "the Scheme").

(3.) IN support of the appeal, learned counsel for the appellant submitted that the application filed by the respondent was incomplete. The requirement in law is that jail certificate is to be filed. In the instant case no such certificate was filed and on the contrary, certificate from a person whose credentials were doubtful was filed. The jail certificate in support of jail suffering has to be based on official records of the jail. In case jail certificate is not available, a certificate called non -availability of records certificate (shortly known as NARC) from the authorities concerned has to be filed. Only if such certificate is filed the co -prisoner's certificate from two co -prisoners of the enumerated category can be considered. Though the High Court relied on Gurdial Singh v. Union of India [(2001) 8 SCC 8] to hold that the strict rules of evidence are not to be applied in such cases, the true parameters to be adopted have been indicated in WB. Freedom Fighters' Organisation v. Union of India [(2004) 7 SCC 716]. Since the authorities on consideration of the material on record held that the respondent was not entitled to pension, the High Court should not have interfered in a writ petition, more particularly, when disputed questions of fact are involved.