RANI BALA SAHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The above three writ appeals involve the question regarding entitlement of freedom fighters' pension, under the Freedom Fighters' Pension Scheme, 1972, by the Freedom Fighters and the members of their family. The common judgment and order, dated 13.12.2004, passed by the learned Single Judge in (1) W.P.(C) No. 276 of 1999, filed by Smti Rani Bala Saha, (2) W.P.(C) No. 281 of 1999, filed by Smti Hemlata Saha, (3) W.P.(C) No. 282 of 1999, filed by Smti Parul Rani Saha and in nine other writ petitions filed by Ors. , is in challenge in this set of writ appeals. As this set of writ appeals, arising out of the said cordon judgment and order, carry common question of law, on almost identical factual premises and represented by the same sets of Advocates, for sake of convenience and as agreed to by the learned Counsels representing the parties, the above three writ appeals have been heard together and are taken up for disposal by this common judgment and order.

(2.) The Government of India mtroduced a scheme, known as Freedom Fighters' Pension Scheme, 1972 for grant of pension to the freedom fighters or in case of death, to their families. The scheme provided income bar indicating, therein, that freedom fighters having annual income less than Rs. 5,000/- from all sources would be entitled to pension if he/she had suffered imprisonment for at least six months for their participation in the freedom struggle. Persons claiming to have suffered imprisonment for six months, for the purpose of pension, are required to furnish Prison document viz. certificate from the concemed Jail authority. District Magistrate or the State. In case of non-availability of such certificate, a co-prisoner's certificate from the sitting MP or MLA or from an Ex-MP or Ex-MLA specifying the jail period, undergone by the person concemed is required to be furnished. This scheme was replaced by Anr. scheme, called 'Swatantrata Sainik Sanman Pension Scheme (hereinafter called the 'SSSPS'), w.e.f. 01.08.1980, thereby removing the income ceiling and liberalizing the term of imprisonment from six months to three months in case of woman freedom fighters and Ors. belonging to Scheduled Caste and Scheduled Tribe community. The requirement of Jail certificate or in the event of non-availability of such certificate, a co-prisoner's certificate, from at least two prominent freedom fighters remained unchanged. However, it was provided that a single certificate from MP, MLA or Ex-MP or Ex-MLA would serve the purpose.

(3.) In order to appreciate the individual cases, it would be appropriate to, briefly, state the writ Petitioners-Appellants' individual cases as foliows: