NANDA KISHORE BARIK Vs. UNION OF INDIA

JUDGEMENT

(1.) THE original petitioner - Nanda Kishore Barik knocked the doors of justice by filing the present writ petition in the year 1996 at a ripe old age of 74 years, for quashing the order under Annexure -9 issued by the Under Secretary to the Government of India in its Ministry of Home Affairs to the original petitioner. By Annexure -9, the claim of the original petitioner for grant of freedom fighters' pension under the Swantantra Sainik Sammana Pension Scheme (hereinafter referred to as 'the S.S.S. Scheme') was rejected. Relevant portion of Annexure -9 is as follows:

(2.) IF the case of the original petitioner is to be believed, it would appear that he spent his entire youth in actively involving himself in the freedom movement of the country from 1941 to 1944, when he absconded and remained under ground for one year from 9.9.1942 to 9.9.1943. He was involved in a case No. 512 of 1942 in the Court of Shri M.N. Guha, Magistrate, Kendrapara disposed of on 9.9.1942 directing imprisonment of the original petitioner for one year. However, he went under ground for the period as mentioned above and was declared as a proclaimed offender and jail warrant was issued. The freedom fighter pension scheme was introduced by the Government of India in the year 1972 with the avowed purpose of recognizing persons, who actively took part in the freedom movement of the country, and granting them pension under the said scheme and satisfying the eligibility criteria prescribed in the said scheme. The persons, who remained under ground, but did not suffer imprisonment if they were (i) proclaimed offenders (ii) those cases on whom awards for arrest had been announced but were not arrested, or (iii), those cases, on whom detention orders were issued but not served, would be eligible to receive pension under the said scheme.

(3.) UPON receiving the same, the Under Secretary to the Government of India in its Ministry of Home Affairs communicated the decision of the Central Government to the original petitioner on 20.7.1995 under Annexure -9 to the writ petition, which has been impugned in the present writ petition.