UNION OF INDIA Vs. LAJWANTI

JUDGEMENT

(1.) Smt. Lajwanti filed suit for declaration against the Union of India and State of Haryana to the effect that the stoppage and discontinuance of the freedom fighter pension of her late husband Devi Chand as mentioned in endorsement letter No. Pen. V/F.F/79.80/146-47 dated 27-7-1979 conveyed to late Devi Chand in letter bearing No. Pen.IV/FF/81/3550-51 dated 28-9-1981 issued by the Accounts Officer of the office of the Accountant General, Haryana Chandigarh is wrong, incorrect, against law and against the facts, unsustainable, unwarranted, arbitrary, non est, unenforceable, void, without any reason, unauthorised, uncalled for, non-speaking and the plaintiff is legally and factually entitled to receive and recover the pension amount given to her deceased husband Devi Chand and also to the amounts/arrears along with interest thereon with effect from 1-10-1981 and further she is entitled to the increased rate of pension at the rate of Rs. 750.00 per month from the Union of India and at the rate of Rs. 300.00 per month from the State of Haryana and for mandatory injunction directing the defendants to release the outstanding amounts of pension of her late husband Devi Chand to her, along with the increased amount with interest. It is alleged in the plaint that she is the widow of Devi Chand son of Ram Chand r/o Sirsa who was a freedom fighter and his pp. No. was 1638/GRFF. Devi Chand was a renowned freedom fighter. He took active part in the freedom struggle along with other patriots, Devi Chand along with other partiots took out a procession against British imperialism in June 1932 in Okara City (Now in Pakistan). Among others who participated in the procession, was one Shri Parkash Chand, a Hindu Drum Beater. All the processionists including Devi Chand was sentenced to five months imprisonment along with fine of Rs. 25.00. Her husband Devi Chand could not pay the amount of fine. He had to remain in Jail for six months in all. The order sentencing the processionists, including Sh. Devi Chand to jail was passed by the Magistrate in Tehsil Office, Okara. During the period of six months in jail Devi Chand was first taken to Montgommery from Okara and then to Lahore jail. Thereafter, he was released from Borstal Jail, Lahore on 23-12-1932. Keeping in view the sacrifices of Sh. Devi Chand, Deputy Commissioner. Sirsa recognised his work as of immense character and issued identity card to him. Besides this, Smt. Indira Gandhi the then Prime Minister of India also issued him "Tamra Patra" bearing No. 240 on 15/08/1972. He was honoured for the services rendered to the nation by him by the Principal and Staff of the National College, Sirsa (Now Government Post Graduate College, Sirsa). Thereafter, Government of Haryana in recognition of his services to the nation recommended his name for pension which was ultimately granted to him with effect from 15-8-1972, Devi Chand continued drawing pension till 30-9-1981. Thereafter his pension was discontinued without assigning any reason. Devi Chand wrote many letters to the authorities requesting them to release freedom fighter pension to him but to no effect. Devi Chand was a poor man with limited resources. His widow Lajwanti is also equally poor. She has no independent source of income. She was totally dependent on the income of her husband Devi Chand. Stoppage of pension by the defendants was wholly unjustified, illegal, against law and against facts, unenforceable, void, non est and uncalled for. Stoppage or discontinuation of pension is a very serious matter. No opportunity of hearing much less valid or adequate was ever given to Devi Chand who died on 1-5-1988 in as pitious condition, fighting for his right with the defendants.

(2.) Defendants contested the suit of the plaintiff. It was urged that the Freedom Fighters Pension Scheme, 1972 came into force with effect from 15-8-1972. The scheme provides for the grant of pension to the living freedom fighters, their families if the freedom fighters are no more now and to the widow of the martyrs. The minimum pension sanctioned to a freedom fighter was Rs. 200.00 per month in the case of living freedom fighters and Rs. 100.00 per month (where the freedom fighter was not alive) in a widow of the freedom fighter but in any case not more than one member of a family could be granted pension. The rate of monthly pension was enhanced from time to time and now a widow gets the amount of pension which is equivalent to a living freedom fighter's pension at the rate of Rs.750.00 per month from 14-11-1988 onwards. Under the scheme, a freedom fighter is one who had undergone at least six months sufferings/imprisonment/detention against an executive order/underground sufferings/externment/internment) in connection with the freedom struggle. Participation in the INA and in the Indian Independence League is also treated as participation in the National Liberation Movement. The Freedom Fighters Pension Scheme, 1972 was further liberalized in 1988 and it was renamed as "Swatantrata Sainik Samman Pension Scheme, 1980". It came into force with effect from 1-8-1980. The sufferings in respect of SC/ST and women Freedom Fighters were reduced to three months with a view that a large number of freedom fighters from weaker section could be benefitted. The income ceiling of Rs. 5000.00 per annum was also removed from 1-8-1980 onwards. The freedom fighters irrespective of their income would be eligible for the grant of pension if they, satisfy the other conditions of eligibility. Devi Chand applied for the grant of freedom fighter pension under the 1972 Scheme. In his application dated 22-4-1972 he stated that he was arrested in 1932 at Okara while doing anti-British activities. He claimed, that Magistrate. Montgommery awarded him 5 months rigorous imprisonment and fine of Rs. 25.00, or in default of payment of fine one month more rigorous imprisonment. He claimed to have undergone six months sufferings in all. He did not send any evidence of his suffering from official records or from any sitting or former MP/MLA, a certificate of co-prisonership for a minimum period of six months in connection with freedom movement. Freedom fighters, in whose cases, the official record of their sufferings was not available.could send a co-prisoner's certificate with a certificate from the concerned jail authority indicating that the relevant record was/is not available now. The Government of Harvans forwarded its recommendation in October, 1973 wherein vide its list containing various names in their letter dated 20-9-1973 did not recommend this case for the grant of pension. The case of the plaintiff's husband was processed and sanction of pension was accorded to late Devi Chand inadvertently. Sanction was issued on 22-11-1973 and it was provisional in nature. It was further urged that late Devi Chand had shown his age in his application in 1972 as 54 years. It means that he was born in 1918 and took part in 1932 Civil Disobedience Movement when he was hardly 14 years old. Late Devi Chand was thus under aged and an under aged was generally not awarded rigorous imprisonment during those days. He could either be awarded physical punishment or fine but he could not be awarded both rigorous imprisonment and fine simultaneously. It was also urged that assuming that Devi Chand's version was correct in this case, the imprisonment/sufferings awarded was for 5 months which was less than the prescribed requirement of 6 months sentence under the scheme. There is no evidence from records whether the fine was paid or not. On the receipt of reference from the Government of Haryana in September, 1978 where it was mentioned that there was a case ITR No. 111 dated 19-3-1978 under S. 420, IPC in Police Station, Dabwali against some persons including late Devi Chand and the State Government had desired that necessary document in respect of these cases may be made available to them, the case of late Sh. Devi Chand was reviewed instantaneously and it was noticed that sanction was made in this case through over sight while Government of Haryana did not recommend his case in their letter dated 20-9-1973. The pension granted to late Devi Chand was suspended on 29-6-1979 and a show cause notice was issued simultaneously. The reasons of the ineligibility of the freedom fighter for the grant of pension were clearly informed that he did not produce any jail certificate of his sufferings. Even after the receipt of show cause notice, Devi Chand did not produce any document that he had been sentenced to 6 months sufferings and the pension was finally cancelled in December 1982 by the Home Ministry. Late Devi Chand was thus not proved to be a freedom fighter. He had failed to produce any documentary evidence regarding his sufferings.

(3.) On these pleadings of the parties, the following issues were framed :