KAILASHO DEVI Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner has prayed that the Union of India be directed to declare her husband, Shri Majnu Ram, to be a Freedom Fighter eligible for pension under the Freedom Fighters Pension Scheme, 1972 and she being the widow be held entitled to pension under the scheme. She has further prayed that this pension and the arrears of pension may be paid to her alongwith interest.

(2.) TO appreciate the rival contentions of the parties, it would be appropriate to refer to the relevant provisions of the Freedom Fighters Pension Scheme. Under Clause 4 of the Scheme, a person who had suffered a minimum imprisonment of six months in the mainland jails before independence is eligible for grant of pension. In case of ex -INA personnel, they would be entitled to pension if the imprisonment/detention was suffered outside India. In case of women and Scheduled Caste/Scheduled Tribe Freedom Fighter, the period of imprisonment is three months. Further, a person who has remained underground for more than six months is also eligible for grant of pension provided the period of internment/externment was six months or more. Clause 6 of the scheme lays down the manner in which an application for grant of pension has to be submitted and as per the scheme, the application has to be submitted through the Chief Secretary of the State concerned. Under Clause 10, the State Government in consultation with the State Advisory Committee has to verify the entitlement to pension and if the person is found eligible, pension may be granted.

(3.) SHRI Majnu Ram applied for the pension on 12th January, 1983. In the application filed by Shri Majnu Ram, he had stated that he remained underground during the period October 1946 to October 1948. He had also alleged that during this period, the police had arrested him on a number of occasion. This application was rejected by the Central Government on the ground that the same had not been filed within time. I have perused the original record and I found that alongwith this application, no other supporting evidence had been filed. This application was rejected on 16th March, 1983 only on the ground that the same had been submitted after the prescribed date. Shri Majnu Ram did not agitate the matter any further and kept silent. It appears that he expired in the year 1990. Admittedly, Shri Majnu Ram was declared to be a Freedom Fighter by the State of Himachal Pradesh on 13.06.1996 and was granted pension payable under the State Scheme. He was also issued the certificate in recognition of his services as a Freedom Fighter.