CHIRANJIB JHA @ JHALLU JHA Vs. UNION OF INDIA

JUDGEMENT

(1.) The present writ application is directed against the order dated 28th August, 1992, as contained in Annexure 18, whereby and where under the claim of the Petitioner for grant of Freedom Fighters' Pension under the scheme of the Central Government has been rejected on the sole ground that his name did not appear in Court Case G.R. No. 649/42 on which he had claimed the grant of pension.

(2.) It is contended by the learned Counsel for the Petitioner that, in fact, the Petitioner was made accused in two criminal cases bearing G.R. No. 649 of 1942 (State V/s. Janki Raman Mishra and Ors.) and G.R. No. 632 of 1942 (State V/s. Bindeshwari Singh and Ors.) of the then Darbhanga district due to his participation in the freedom movement during the year 1942.

(3.) A counter affidavit has been filed on behalf of the Union of India and its Officers (Respondents No. 1 to 3). From paragraph 5 of the said counter affidavit it appears that the State Government has also recommended the case of the Petitioner for grant of the said pension on the basis of Non-availability of Jail Record Certificate (NARC) of G.R. No. 649/42 and 632/42 and Personal Knowledge Certificate (PKC) granted by the persons mentioned therein. From the said paragraph it appears that the case of the Petitioner was rejected not only on the ground that his name did not find place in the record of G.R. 649/42 but also on other grounds, However, in the either counter affidavit, nothing has been mentioned about the claim of the Petitioner being an accused in G.R. No. 632/42. Further, I find from the statement made in the counter affidavit that the claim of the Petitioner has also been rejected on the ground that the Personal Knowledge Certificates produced by him were not acceptable in the light of the provisions contained in the Scheme.