SHARAM SINGH Vs. U.O.I. AND ORS.

JUDGEMENT

(1.) The petition has been filed under Article 226/227 of the Constitution of India for issuing a writ in the nature of certiorari for quashing and declaring the action of respondent No. 1 and 2 in suspending the freedom fighter pension granted to the petitioner and to restore the pension, vide letter dated 10.10.1995, pursuant to a direction given by this Court on 07.04.1993 (P-8). The petitioner is a freedom fighter and took part in inqlabi Satyagrah and suffered imprisonment in Central Jail, Lahore from 14.02.1941 to 13.08.1942 and was awarded a Tamra Patra (P-1). The petitioner was also awarded Samman Patra (P-2) on 11.02.1995.

(2.) Government of India formulated a scheme known as Freedom Fighter Pension Scheme, 1972 for the grant of Freedom Figher Pension to those Freedom Fighters who had undergone imprisonment for the period of 03 months. The period of imprisonment required for the sanction of Freedom Fighter Pension was subsequently increased or decreased as per instructions of Government of India issued from time to time. Under the said scheme, some of the genuine Freedom Fighters who had undergone jail sufferings for the cause of the country were entitled to get doles of pension merely on the production of jail certificates issued by the competent authority. Some of the genuine freedom fighters could not get the freedom fighter pension because of the reason that they could not produce the jail certificates issued by the competent authority. Government of India thus decided to change the modality and policy by not insisting upon the production of jail extracts in proof of jail sufferings. Government of India ordered the concerned department to accept the co-prisoner certificate issued by legislatures and Parliamentarian or co-prisoner who had been granted Freedom Fighter Pension by the Government of India.

(3.) The Freedom Fighters Pension Scheme, 1972 was modified and renamed as "Swantantarata Sainik Saman" Pension Scheme-1980 for the grant of Freedom Fighter Pension to the Freedom Fighters who had undergone jail sufferings for the cause of the Country. The scheme was introduced w.e.f. 15.08.1981 and was made applicable w.e.f. 01.08.1980. The benefit of the pension scheme was extended to all freedom fighters as a token of Sam-man to all of them. Under this scheme, a freedom fighter is a person who has suffered minimum imprisonment of 06 months in the main land jails before independence. Ex I.N.A. personnel were also eligible if the imprisonment/suffering by them was outside India. The period of actual imprisonment for eligibility for grant of pension was reduced to 03 months in case of Women, SC/ST Freedom Fighters w.e.f. 01.08.1980.