LAWS(P&H)-2007-7-216

GIAN KAUR AND OTHERS Vs. UNION OF INDIA

Decided On July 23, 2007
Gian Kaur And Others Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) Wife and children of Late Shri Chanan Singh, aggrieved by order dated 27.11.1997 (Annexure P/1) passed by the Deputy Secretary to Government of India, Ministry of Home Affairs, Union of India rejecting their claim for Swantantrata Sanik Samman Pension Scheme, 1980 (in short "S.S.S. Pension"), have filed the above writ petition to quash the same and issue direction to the respondent for grant of S.S.S. Pension.

(2.) According to the petitioners, Late Shri Chanan Singh served imprisonment in freedom movement. He was a member of the Indian National Army led by Neta Ji Subhash Chander Bose; he was taken as prisoner and served imprisonment in Malasia and came back to India only in 1947. Based on the scheme framed by the Government of India, Shri Chanan Singh along with affidavits from his co- patriots namely, Jagir Singh and Harnam Singh applied for the grant of S.S.S. Pension along with necessary certificates. Though he complied with all the formalities, he received a letter from Deputy Secretary, Government of India, Department of Home Affairs, rejecting his claim for S.S.S. Pension on the ground that he has failed to produce acceptable documentary evidence in support of his claim as required under the scheme. Questioning the said order, his wife and children preferred the present writ petition.

(3.) The respondent has filed a reply wherein it is stated that the claim of Chanan Singh has been rejected after due consideration of his case and his legal representatives, petitioners herein, also failed to furnish relevant documents as required under the S.S.S. Scheme, 1980.