BELA RANI PAUL Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. N. Dhar, learned counsel for the petitioner, Ms. B. Sarma, learned CGSC appearing for the Union of India respondents, Mr. G. Pegu, learned State Counsel appearing for the State respondents and Mr. R.K. Talukdar, learned Counsel appearing for the Accountant General.

(2.) The petitioner is a woman aged about 82 years, who seeks for a compensation applicable to widows of the Freedom Fighters under a scheme called Swatantra Sainik Samman Pension Scheme (in short SSS Pension Scheme). Being a widow of a Freedom Fighter, the petitioner is presently receiving some pension under a State scheme of the Government of Assam. But, however, the petitioner feels that she is also entitled to some further pension under the aforesaid SSS Pension Scheme. Accordingly, the petitioner had preferred an earlier writ petition being Civil Rule No.1045/1998, which was disposed of by a judgment and order dated 05.04.2005, wherein, it was provided that the State respondents shall immediately place the necessary and relevant records before the Central Government for considering as to whether the petitioner is to be paid the aforesaid pension.

(3.) Accordingly, on the same being complied with and all the necessary materials having been placed before the Central Government, the order dated 05.07.2006 was issued by the Government of India, Ministry of Home Affairs. By the said order of 5.7.2006, it was provided that in order to be qualified for pension under the said SSS Pension Scheme, the concerned person would have to undergo imprisonment for a period of six months, which is reduced to three months in case of women Freedom Fighter on account of having participated in the freedom struggle.