UNION OF INDIA Vs. PRATIMA RANI MANNA

JUDGEMENT

(1.) This appeal has been preferred by the Union of India against the judgement and order dated 23rd July, 2010 passed by Hon ble Single Judge in an application under Article 226 of the Constitution of India being W.P. No. 1023 of 1998 filed by Smt. Pratima Rani Manna.

(2.) The writ petitioner Pratima Rani Manna in an application under Article 226 of the Constitution of India before Hon ble Single Judge stated that her husband late Chunilal Manna suffered imprisonment for a period of not less than six months during freedom movement. He applied for granting freedom fighter pension as per Swatantrata Sainik Samman Pension Scheme, 1980 enclosing all documents. He was sanctioned provisional pension of Rs.200/- vide memo no. 33/1/Gen-1/74-FFEZ dated 26.10.1974. He used to draw pension till the date of notice of suspension dated 5th October, 1982 issued by the Secretary, Government of India on the ground that he was not eligible for the grant of pension under the scheme for the reason that the State Government has reported that his name does not figure in the thana record and sub-jail which could indicate that he actually suffered imprisonment for a period of not less than six months.

(3.) According to the petitioner, her husband was arrested on 12.02.1943 in Quit India Movement, 1942 and he was released on 30th September, 1943 from Tamluk sub-jail. Thereafter, her husband wrote to officer-in-charge, Mahishadal police station who wrote the statement on the application with reference to VCNB Vol.-VIII, Block-II, Page No. 187 of Dharampur P.S. Mahishadal. Her husband thereafter submitted an application before the Assistant Secretary, Government of West Bengal, P.S.P. Complaint Cell enclosing the documents with thana record along with the certificate of a eminent freedom fighter Prafulla Kumar Das for granting the freedom fighters pension under S.S.S. Pension Scheme, 1980. The provisional pension of her husband was suspended by the concerned authority only on the ground that no thana record was available regarding imprisonment.