HIRAMANI PANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) FREEDOM Fighters' Pension Scheme, 1972 was framed by the Government of India. The Scheme provided for grant of pension to living freedom fighters, their families if they are no more alive, and to the families of martyrs. Under the scheme, not more than one member of a family was to be granted pension. The husband of the petitioner late Rangadhar Panda was granted such pension at the rate of Rs. 200/ per month and he was drawing the same. On 4.4.1975 the Government of India, Ministry of Home Affairs, addressed a communication to the Accountant General, Orissa stating therein that the pension sanctioned provisionally in favour of the petitioner has been suspended. On the same day, a memorandum was also issued by the Government of India, Ministry of Home Affairs, suspending the pension of Rs. 200/ per month provisionally sanctioned in favour of late Rangadhar Panda. By the said memorandum late Rangadhar Panda was asked to show cause as to why provisional pension granted to him should not be cancelled on the grounds indicated in the said memorandum and also to show cause as to why the Government should not take appropriate steps for recovery of the same. The communication and the memorandum dated 4.4.1975 of the Government of India, Ministry of Home Affairs, copies of which have been annexed as Annexures 3 and 4, have been challenged in this writ petition by the petitioner.

(2.) MR . B. N. Panda, learned counsel for the petitioner, submitted that at the time of application for such Freedom Fighters' Pension, late Rangadhar Panda had furnished certificates of an Ex M.L.A., Shri Dwarikanath Das and an Ex M.P., Shri Dharanidhar Jena, certifying that late Rangadhar Panda was a co prisoner with them and the aforesaid certificates were treated as proof of the fact that late Rangadhar Panda was a Freedom Fighter for the purpose of grant of pension under the Freedom Fighters' for the purpose of grant of pension under the Freedom Fighters Pension Scheme, 1972. He further submitted that there was no jail record available in proof of the fact that late Rangadhar Panda has been in Jail at Balasore for more than six months. He submitted that all that is available is a certified copy of record in the District Record Room from the Court of the Magistrate First Class, Babu S. Mohapatra, which would go to show that late Rangadhar Panda had been sentenced to R.I for eight months under Section 117 I.P.C. and Section 9(A) of the Salt Act. Mr. Panda referred to various instances given in the rejoinder affidavit where other persons, namely, Gourahari Das, Birabar Das. Chintamani Naik had been granted freedom fighters' pension on the basis of similar certified copies of the records of the District Record room showing conviction and imprisonment for more than six months. According to Mr. Panda, the impugned communication and memorandum dated 4.4.1975 suspending the provisional pension granted to late Rangadhar Panda are arbitrary, unfair and contrary to the Freedom Fighters' Pension Scheme, 1972 and are liable to be quashed.

(3.) THE grounds on which the provisional pension of late Rangadhar Panda has been suspended have been given in paragraph 2 of the impugned memorandum dated 7.4.1975 of the Government of India, Ministry of Home Affairs. The said paragraph 2 of the impugned memorandum dated 4.4.1975 is extracted hereinbelow '2. It has been brought to the notice of this Ministry by the State Govt. that the applicant was not eligible for grant of pension under the said scheme for the reasons that the Jail records are not available. Co prisoner certificate is not helpful. The case has also not been recommended by the State Sub Committee.' Thus the reasons given for suspending the provisional pension granted in favour of late Rangadhar Panda are that the jail records were not available, co prisoners' certificates were not helpful and the case has also not been recommended by the State Government.