KAILASHO DEVI Vs. UNION OF INDIA AND ORS.

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 Fighter's 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 along with interest.

(2.) To appreciate the rival contentions of the parties, it would be appropriate to refer to the relevant provisions of the Freedom Fighter's 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.) The most important issue is how to prove the claim of imprisonment/detention etc. In the present case, we are concerned with internment or externment. Clause 9(c) of the policy, which is relevant for our purpose, reads as follows: