RAMAWATAR KEDIA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for quashing of the letter dated 16.7.1996, issued by the Under Secretary to the Government of India in the Minis tray of Home, contained in Annexure 1, whereby and whereunder his application for grant of Freedom Fighters Samman pension has been rejected and also to direct the respondents to grant the same to him with effect from 1980 and pay its arrears.

(2.) In the year 1972, Freedom Fighters' Pension Scheme was introduced and in the year 1980 the provision for Freedom Fighters' Samman Pension Scheme was launched and the same was to be given with effect from 1.8.1980. The date of submission of application was extended up to 31.7.1981 and later it was further extended up to 31.3.1982,. The petitioner claims to have participated in the freedom fighter movement in the year 1942 and was made accused in Case No. 10/42 State v. Nath Prasad, Sessions Case No. 62/42 The King Emperor v. Satya Narain Tebriwal registered under Section registered under Sections 147, 149/302, I.P.C. and 35(b) D.I.R. and Case No. 49/42 -43 relating to looting of Picture Palace, Bhagalpur in which final report No. 458 dated 13.10.1942 was submitted.

(3.) The petitioner claims to have submitted his applications on 3.3.1981 for grant of pension. It is claimed that he also attached certificate given by Tej Chandra Chaudhary, who spent jail custody as freedom fighter from 1928 and again 28.8.1942 to 1946 wherein it was certified that the petitioner remained underground from August 1942 to December 1945 and was declared absconder. The petitioner also claims to have subsequently submitted a certificate dated 17.03.1986 granted by another person, namely, Lakshman Sen (Annexure 4) that he remained under ground from 17th August, 1942 to 15th August, 1947. He has annexed a photo copy of the typed copy of the judgment in Sessions Cases No. 62 of 1942 in which his name among the accused -persons shown absconders is at serial No. (1) at page 2 of the said judgment.