RAMJEE SAH Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ petition has been filed for quashing the letter dtd. 15/12/2014, whereby and whereunder the case of the petitioner for grant of Swatantra Senani Sammaan Pension (hereinafter referred to as the 'SSS Pension'), has been rejected. It is also prayed that the petitioner be granted SSS Pension.

(2.) The learned counsel for the petitioner has submitted that the petitioner had participated in the freedom movement in the year 1942 for which he had remained in custody from 2/10/1942 to 2/4/1943. It is submitted that the petitioner had filed an application dtd. 31/7/1981 before the Secretary, Home Department (Special), Government of Bihar for grant of freedom fighter pension and since then he has been pursuing his case for grant of SSS Freedom Fighter Pension but his case has been rejected arbitrarily by the impugned letter dtd. 15/12/2014.

(3.) Per contra, the learned counsel for the respondent nos. 1 and 2 has submitted that not all persons who took part in freedom movement in some way or the other are eligible for SSS Pension but only those are eligible for the same who fulfill the conditions of the Swatantra Sainik Samman Pension Scheme, 1980 by furnishing proof of claimed sufferings and in the manner specified in the scheme itself. It is submitted that for the purposes of grant of Samman Pension under the SSS Yojana, the requisites qua a freedom fighter are as follows:-