BHAGABAT PRADHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner in this writ application has prayed for quashing Annexure 5(B) wherein by order dated 21-5-1996 the State Government decided to stop payment of Freedom Fighters' pension under the Freedom Fighters' Pension Scheme, 1972 on the ground that the particulars furnished by the petitioner for getting pension under the scheme are not acceptable.

(2.) Case of the petitioner is that the Government of India introduced a scheme, i.e. Freedom Fighters' Pension Scheme, 1972 for providing pension to the living freedom fighters or to their families if such freedom fighters are no more alive. Under the scheme, the Freedom Fighter has been defined as a person who has suffered a minimum imprisonment for six months in the main land jails before Independence. The claims that he had actively participated in the Quit India Movement and was convicted under Section 188 of the Penal Code and was sentenced to imprisonment. His further case is that because of such conviction he served sentence from 13-3-1942 for a period of six months and was also directed to pay a fine of Rs. 60/- by the then Dewan of Nilgiri State. Since the petitioner found himself eligible for getting pension under the scheme he applied for such pension and after enquiry the State Government in the Finance Department by resolution dated 8-3-1984 read with resolution dated 2-11-84 and 3-3-86, was pleased to grant Freedom Fighters' pension of Rs. 40/- per month with effect from 1-1-84. Thereafter, the pension was enhanced to Rs. 100/- from 2-10-84 and to Rs. 200- from 1-1-86. While the petitioner was getting his pension under the scheme by letter dated 22-7-1993 and notice dated 12-10-93 he was asked to show cause within 21 days from the date of receipt of the notice as to why the pension already sanctioned in his favour shall not be cancelled and the amount already paid under the scheme shall not be recovered. After receipt of the notices the petitioner submitted his reply immediately and without verification of the records and without consideration of the explanation submitted by the petitioner, by the impugned order the Freedom Fighters' pension which had been granted to the petitioner was stopped. Challenging the said order, this writ application has been filed.

(3.) It is submitted by Sri Routray, learned counsel for the petitioner that under the scheme a person who has suffered a minimum imprisonment of six months in the main land jails before Independence is entitled for pension. Along with the application, an applicant is also required to submit documents in support of his claim that he had been imprisoned. In view of the requirements under the scheme, the petitioner along with his application has submitted a certificate issued by the Superintendent, Nilgiri Sub-Jail stating that the petitioner having been convicted under Section 188 of the Penal Code, had been sentenced and suffered imprisonment from 13-3-1942 for a period of six months and was also directed to pay a fine of Rs. 60/- imposed by the then Dewan of Nilgiri State vide Sl. No. 26 (A) dated 13-3-1942 of the admission register of convicted prisoners. On the basis of such certificate, enquiries were made and pension was granted. While the petitioner was continuing to get pension, notice was issued on 22-7-1993 to show cause as to why payment of pension shall not be stopped and the amount already paid shall not be recovered on the ground that the jail certificate furnished by the petitioner in support of his claim of imprisonment suffered in the national freedom struggle is not genuine. The petitioner submitted his reply to the aforesaid letter in Annexure-8 stating that the jail certificate furnished by him was issued to him by the jail authorities giving definite particulars of the register of convicted prisoners and there was no difficulty on the part of the State Government to verify the particulars. However, it is argued by Sri Routray that without making proper verification, in the impugned order in Annexure-8(B) the pension has been stopped. It is submitted by Sri Routray that once a verification is made on the basis of the application submitted by the petitioner and the State Government having been satisfied about the claim of the petitioner had granted pension under the scheme, there is no further scope of any enquiry on the basis of some records. A copy of the certificate issued by the Superintendent, Nilgiri Sub-Jail to the petitioner has been annexed to this writ application as Annexure-2. Referring to the said certificate Sri Routray submitted that the Superintendent, Nilgiri Sub-Jail has referred to the entries made in the admission register of convicted prisoners and had granted certificate being satisfied that the petitioner was imprisoned for the period of six months from 13-3-1942 having been convicted under Section 188 of the Penal Code for participating in the Quit India Movement. Since the claim of the petitioner is based on records there was no occasion for the State Government to stop pension without verifying such records.