PRITPAL KAUR Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) The petitioner is widow of Pritam Singh. She has approached this Court for quashing of the letter dated June 16, 2015 (annexure P-9) vide which the petitioner has been held to be not entitled for freedom fighter pension on the ground that the Revision Policy Guidelines dated August 6, 2014 (annexure P-11), debar the consideration of entertainment of any claim of freedom fighter pension, after the death of freedom fighter.

(2.) The short question which is required to be determined in the present case is whether the guidelines issued on August 6, 2014 (annexure P-11) containing clause 1.5 -

(3.) Brief facts relevant for the decision of the case are that the petitioner claims that her husband Pritam Singh participated in the freedom struggle 'Quit India Movement' and he was convicted by Sh. Raghunath Dass Badwan, Magistrate vide order dated September 10, 1942 and had undergone sentence of imprisonment for 2 years and 3 months in old Central Jail, Multan alongwith co-prisoners Sh. Jagdish Chander, Ex.MLA and Sh. Devki Nandan Khar, whose certificates have been appended as annexures P-1 to P-3/A. Pritam Singh was awarded Tamar Pattar and his name appeared at Sr. No. 225 of the Freedom Fighters' Register, District Ludhiana. Photocopy of the Tamar Pattar has been placed on record with the writ petition as annexure P-4. Pritam Singh applied for Freedom Fighters Pension on October 21, 1985. Copy of the communication between the Under Secretary and the Deputy Secretary was received on February 21, 1986. As no action was taken on the representation, a reminder was sent to the Under Secretary vide annexures P-5 and P-5/A, dated February 5, 1986. During the pendency of pension case, Pritam Singh died on August 26, 1986. After the death of Pritam Singh, the petitioner had sent numerous representations and reminders to the respondents but the representations were not considered. She served a legal notice dated September 26, 2014 (annexure P-8). Finally after 30 years, the petitioner received a communication letter dated June 16, 2015 in which the Under Secretary to the Government of India had conveyed to the Deputy Secretary that the claim of the widow for Freedom Fighters pension cannot be considered. Copy of the letter sent to the Deputy Secretary, Department of General Administration pertaining to the case of the petitioner reads as follows:-