LAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner Lal Singh has filed this writ petition under Articles 226/227 of the Constitution of India for issuance of an appropriate writ, order or direction to the Respondents. The reliefs sought for in this writ petition are to the following effects:

(2.) This petition is contested by the Respondents by filing two sets of separate affidavits. Counter-affidavit on behalf of the Union of India-re-spondent-1 herein has been filed by Shri B.M.S. Negi, Director in the Ministry of Home Affairs. Union of India has stated that the 'Freedom Fighters' Pension Scheme, 1972' was liberalized and was renamed as "Swatantrata Sainik Samman Pension Scheme, 1980. It is admitted that the Petitioner applied for the grant of freedom fighters pension from the Central Revenues on 26.6.1975 under the 'Freedom Fighters' Pension Scheme, 1972 (hereinafter referred to as 'the Scheme, 1972'). In support of his claim he submitted one attested copy of service certificate from Block Development Officer, Hamirpur in which it was mentioned that Petitioner was enlisted in the British Indian Army on 12.10.1932 and discharged from the Army on 11.8.1946 in consequence of 'service no longer required being a member of INA' with very good character. On the basis of the service certificate, case of the Petitioner was referred to the Record Office of the Ministry of Defence who maintaining the records of Ex-INA personnel who had joined the INA. The Record Office, the Dogra Regiment, Meerut Cantt vide their letter No. LIB/6282/3 dated 20th January, 1976 (copy annexed as Annexure-C) intimated that on checking of service documents in respect of the Petitioner it was found that the Petitioner was enrolled in the Army on 12th October, 1932 and was released from service on 11th August, 1946 (AN). Further they had stated that the Petitioner was posted believed Prisoner of War w.e.f. 15th February, 1942 and was granted mustering out pension @ Rs. 5/- per month w.e.f. 12th August, 1946. The Respondent No. 1 has also stated that the Record Office of the Dogra Regiment had categorically stated that there was no record in the service documents of the Petitioner which could indicate that he had served with the INA and further the personnel who was associated with the INA was not granted any pension. On the basis of the report of the Record Office, the case of the Petitioner was rejected by Ministry of Home Affairs and the rejection order was conveyed to the Petitioner vide communication dated 4th March, 1976 (copy annexed as Annexure-D). Thereafter the Petitioner had been representing to the Ministry and his last representation/review appeal was received on 3.3.1993 through the office of the Chairman-cum-Managing Director, H.P. Ex-Servicemen Corporation (H.P. State Govt. Undertaking), Hamirpur for reviewing the case. Letter dated 21st July, 1993 (Copy annexed as Annexure-E) was sent to the Petitioner by Ministry of Home Affairs asking him to send original copy of his Discharge Certificate. Accordingly the Petitioner vide letter dated 4th August, 1993 (Copy annexed as Annexure-F) forwarded his original Discharge Certificate to the Ministry for further examination. On receipt of the original Discharge Certificate the Record Office of the Dogra Regiment, Meerut Cantt was again requested vide letter dated 6th September, 1993 to confirm the authenticity and veracity of the entries made in the original Discharge Certificate submitted by the Petitioner. In reply to the letter of the Ministry, the Record Office, Dogra Regiment, Faizabad, Uttar Pradesh vide their letter No. 6228/NERL-II/12 dated 23rd September, 1993 intimated that as per service documents held by them, the Petitioner was enrolled in the Dogra Regiment on 12th October, 1932 and released from service on 11th August, 1946 (AN) due to demobilization and reduction of strength of Army. Further it is stated that the entry made at page-2 of Discharge Certificate to the effect that the Petitioner was dismissed on the grounds of "Service no longer required being a member of INA" under Section III(i) of Army Rule 13-B seems to be incorrect. In the case of the Petitioner his discharge was enforced under Army Rule 13-B (III)(i) on fulfilling the conditions of his enrolment of having reached the stage at which discharge has been enforced, whereas personnel of INA were discharged under Army Rule 13-B III(v) which would reveal that the Petitioner was not a INA soldier. Further it is stated that entries at page-2 of the Discharge Certificate were erased by the individual. On the basis of above premises, Union of India prays for dismissal of the writ petition.

(3.) Sh. Mohan Chauhan, Joint Secretary (GAD) to the Govt. of Himachal Pradesh, Shimla in his affidavit-in-reply filed on behalf of the State of Himachal Pradesh has admitted that the Petitioner applied for the grant of State freedom fighter's samman rashi under the "H.P. Swatantarta Sainani Samman Rashi Yojana, 1985" in the year, 1988 through the Deputy Commissioner, Hamirpur. The case of the Petitioner was placed before the Sub-Committee constituted under the H.P. Freedom Fighters Welfare Board in its 32 meeting held on 22.9.1992. The Committee did not recommend the Petitioner's case for the grant of Samman Rashi as he was not found eligible under the provisions of the State Scheme since the Petitioner has not undergone two month imprisonment/underground/extenment etc. during the participation in the freedom struggle. The Petitioner was accordingly informed vide Annexure P-5.