BAJI BADAJENA Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. Mallick, Learned Counsel for the petitioner and Mr. S. K. Jee, Learned Addl. Standing Counsel for the Union of India.

(2.) THE petitioner claiming to be a Swatantrata Sainik and having taken active part in the freedom fight had undergone imprisonment from 13.3.1945 to 10.10.1945 in Jigar Ghacha and Nilganja Jail filed an application under the Swatantrata Sainik Samman Pension Scheme, 1980 for grant of pension. The said application was duly considered by the Government of India, Ministry of Home Affairs and by letter dated 13.5.2003 the request made to grant the Swatantrata Sainik Samman Pension was rejected. Being aggrieved the petitioner has approached this Court, inter alia, challenging the order dated 13.5.2003, vide Annexure -5. According to the Learned Counsel for the petitioner, the petitioner had taken active part in the Freedom Fight and had undergone imprisonment. The period for which he suffered imprisonment was prior to the independence and necessary documents in support of such imprisonment are not available. The petitioner however filed a certificate issued, by one of his co -prisoners being Sri Manguli Bhatta, son of Late Krishna Bhatta. It is asserted that the said Manguli Bhatta had also undergone imprisonment along with the petitioner and he is receiving pension under the Scheme. According to the petitioner the ground for non -acceptance of the certificate issued on the ground that he has not undergone imprisonment for more than one year is not tenable as such the clause was not there under the old scheme and was introduced only in the year 1980 whereas the petitioner had submitted his application in the year, 1976. According to the petitioner as the application was filed in the year 1976 the authorities should have disposed of the said application in the light of the Rules, which were in vogue on the date of filing of the application.

(3.) I have heard Learned Counsel for the parties at length. I have also perused the documents annexed to the Writ Petition and the counter affidavit. The Swatantrata Sainik Samman Pension Scheme, 1980 is a full -fledged one. It has provided the modalities for filing of application and has also prescribed the methodology for considering such application and granting pension in genuine cases. The Scheme also stipulates as to how claim for pension should be proved. The relevant provision reads as follows :