KALA RAM Vs. UNION OF INDIA

JUDGEMENT

(1.) By virtue of the present writ petition, the petitioner, who is a -resident of earstwhile princely State of Bilaspur and presently District Bilaspur, has approached this Court seeking Freedom Fighters Pension under the Swatantarta Saiaik Samman Pension Scheme, 1980 (hereinafter referred to as the Scheme of 1980).

(2.) Briefly stated, the facts of the present case may be stated thus. The petitioner participated in the Praja Mandal Movement and was also an active worker of the said movement during 1946 -47. Under the verbal orders of the then Ruler of State of Bilaspur, the petitioner was externed from the State on account of his being an active member of the Praja Mandal Movement. He remained externed for a period of about two years. The petitioner on 28 -7 -1981 applied to the respondents for the grant of pension under the Scheme of 1980, The application was supported by an affidavit and some documents. Such application was duly received in the Ministry of Home Affairs, Government of India. The petitioner on 8 -9 -1986 was called upon to appear before the Sub -Committee constituted for the purpose, at Bilaspur and to produce documents with regard to his sufferings The necessary documents were submitted by the petitioner. Such documents included the certificates of Shri Kartar Singh, Ex. Dy, S. P. of the earstwhile State of Bilaspur, and that of two other freedom fighters S/Shri Khushi Mohammad and Khurshid Ahmad. The case of the petitioner for the grant of Freedom Fighters Pension was also recommended by the State Government. Inspite of reminders, the necessary pension has not been granted to the petitioner till dater

(3.) The respondents vide their reply affidavit have admitted that the application of the petitioner was received aud was being dealt with as File No 117/B/206/8I. The said file was not traceable Therefore, the petitioner was requested on 26 -5 -1995 (during the pendency of the present writ petition) to supply a copy of the original application, which has not been received till date - The respondents have averred that after examining the documents annexed with the writ petition, it has transpired that the petitioner has claimed that he was externed under verbal orders of the then Ruler of State of.Bilaspur, No other corroboratory documentary evidence was submitted except the certificates of S/Shri Kartar Singh, Ex. Dy, S. P , Khushi Mohammad and Khurshid Ahmad These certificates even are not in the performa prescribed under the Scheme of 1980. The certificate of Shri Kartar Singh, Ex Dy. S. P of State of Bilaspur is acceptable subject to verification by the State Government, Similarly, the certificate of Shri Khurshid Ahmad is acceptable subject to verification by the State Government. The certificate of Shri Khushi Mohammad does not prove jail sufferings of minimum period of two years as required under the Scheme of 1980. It was, therefore, averred that in the absence of documentary evidence to support the claim of the petitioner and in the absence of necessary recommendations by the State Government as to the eligibility of the petitioner for the grant of pension, the application of the petitioner does not warrant any favourable consideration and is liable for rejection.