MOTILAL PRADHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The present appeal has been preferred challenging a judgment dtd. 9/7/2010 passed in WP No.26738 (W) of 2008.

(2.) This case has a chequered history. The appellant/writ petitioner applied for freedom fighter's pension under the Swatantrata Sainik Samman Pension Scheme (hereinafter referred to as the said Scheme) on 14/8/1981 on the strength of a personal knowledge certificate (hereinafter referred to as PKC) issued by an eminent freedom fighter, namely, Hiralal Maiti. As the application was not considered, the appellant along with others preferred a writ petition being Civil Order No.15982 (W) of 1991 which was disposed of by an order dtd. 26/5/1992 directing the State Government to consider and recommend the appellant's claim. Pursuant to such direction, the appellant's claim was considered but recommendation was denied by an order dtd. 9/4/1992 passed by the respondent no.3. Upon communication of the said order, the respondent no.2 rejected the appellant's claim by an order dtd. 24/9/1992. Aggrieved by the said orders, the appellant again preferred a writ petition being CO 2401(W) of 1993. The same was heard along with other similar matters and finally disposed of by a judgment dtd. 14/2/2002 laying down specific guidelines towards consideration of claims under the said Scheme and observing inter alia that certificate of an eminent certifier is an alternative mode of proof of evidence. Pursuant to the said order, the appellant's claim was considered afresh and the respondent no.3 passed an order on 24/9/2002 observing inter alia that the appellant's claim cannot be recommended. Subsequent thereto, the respondent no.2 passed an order on 5/11/2002 refusing to admit the appellant's claim. The said orders dtd. 24/9/2002 and 5/11/2002 were again challenged in a writ petition being WP No.26738 (W) of 2008 and the same was dismissed by the judgment impugned in the present appeal.

(3.) Mr. Manna, learned advocate appearing for the appellant submits that the appellant was a proclaimed offender and he remained underground for a period of one year from September, 1942 to September, 1943. However, official record relevant to the appellant's claim was not available and he applied for pension under the said Scheme on the strength of the certificate issued by an eminent freedom fighter, namely, Hiralal Maiti.