KAILASHO DEVI Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) Petitioner's husband was a subject of erstwhile State of Bilaspur. He participated in Prajamandal movement. Object of the Prajamandal movement was to achieve independence and also to get merger of princely States into the Indian Union. Petitioner's husband also took part in the Satyagrah. He was externed by Raja Bilaspur by verbal orders. He remained externed from September 1946 to October 1948. Government of India framed a scheme viz. Freedom Fighters' Pension Scheme, 1972. It was further liberalized in 1980. Till 31.8.1980, the Freedom Fighters Pension Scheme, 1972 was admissible only to those, who were in need of financial assistance on account of their meager annual gross income. Annual salary of Rs. 5,000/ - was enforced for eligibility for pension. However, fact of the matter is that with effect from 1st August, 1980 benefit of pension was extended to all the freedom fighters as a token of respect (Samman). Petitioner's husband submitted application for grant of Freedom Fighters Pension in the year 1983 under the Scheme of 1972. It was rejected on 16.3.1983 only on the ground that application was submitted after the cut -off date i.e. 31.3.1982. Petitioner made a representation on 18.3.2002 seeking freedom fighters' pension. Petitioner was advised on 5.4.2002 to submit application after completing all the codal formalities. Thereafter, petitioner again made a representation on 30.1.2004 and she was informed on 9.3.2004 (annexure P -3) to complete all the codal formalities and sent the application to the Government of India. Petitioner submitted application. No decision was taken upon the same. Petitioner was constrained to approach this Court by way of CWP No. 1373/2005. Respondents were directed to consider the case of the petitioner by way of order dated 5.9.2007. Case of the petitioner was rejected on 12.12.2007. Petitioner filed another petition being CWP No. 828/2008. It was rejected by this Court on 16.12.2011. Petitioner filed an LPA against Judgment dated 16.12.2011 being LPA No. 341/2012. It was disposed of on 13.6.2013. Respondent No. 1 rejected the case of the petitioner on 8.8.2013 though the State Government vide communication dated 11.7.2013 has forwarded the case of the petitioner (at page 53 of the paper -book). Petitioner filed yet another petition being CWP No. 2749/2014. It was disposed of on 17.3.2015. Case of the petitioner was rejected again on 22.4.2015 vide annexure P -9.

(2.) According to para -3(b) of the Swatantarta Sainik Samman Pension Scheme, a person who remained underground for more than 6 months provided that he was a proclaimed offender or one on whom an award for arrest/head was announced or one for whose detention order was issued but not served or a person interned in his home or externed from his District provided the period of internment/externment was six months or more was eligible to apply for the pension. Mode of submission of application has been provided in para -5 of the Scheme. Para -7 of the Scheme reads as under:

(3.) Issue of sanction order is provided in para -8. Claim of the petitioner, as per this para is to be scrutinized by the State Government/UT in consultation with State Advisory Committee on the basis of copy of application submitted to them. After receipt of State verification and entitlement to pension report, the claim of the applicant is scrutinized and if found eligible, pension is granted.