RAGHUNANDAN THAKUR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioner prays for setting aside the order dated 16.6.2000 issued by respondent no. 2 the Under Secretary, Government of India, Ministry of Home Affairs, communicated to the petitioner rejecting his claim for S.S.S. Pension (Swatantrata Sainik Samman Pension) vide Letter No. 52/CC/281/99 -FF.CZ(Lit.l). The petitioner states that he participated in freedom movement and absconded from August, 1942 to September, 1943. A criminal prosecution being Sessions Trial No. 140/42 (King Emperor V/s. Raghunandan Thakur & Ors.) was also initiated against him for having participated in freedom movement. The petitioner, as such, applied for pensionery scheme under SSS with all requisite documents.

(2.) THE learned counsel states that he participated in freedom movement and he was even prosecuted vide Sessions Trial No. 140 of 1942. The petitioner as such went underground to escape the prosecution and conviction in the aforesaid Sessions Trial. The Government of India started a scheme of Swatantrata Sainik Samman Pension for freedom fighters. Participation in freedom movement was an essential condition for qualifying for benefit under the scheme. Such persons may have suffered incarceration or may have gone underground to escape the rigorous imprisonment. As the petitioner fulfilled the requisite conditions, he applied for benefits under SSS Scheme before the District Committee, Muzaffarpur. The Committee after examining the application and documents of the petitioner forwarded the same to the State Committee. The State Advisory Committee after scrutiny of the documents in its meeting held on 18/19.10.1993 recommended the name of the petitioner to the Under Secretary, Government of India, Ministry of Home Affairs, vide letter no. 3732 dated 27.11.1994 for Freedom Fighters Pension. As no decision was taken on such recommendation, the petitioner filed C.W.J.C. No. 8113 of 1999. On 3.4.2000 this Court directed the respondent Government of India to decide the claim of the petitioner on the materials available before it in accordance with law within four weeks of receipt/production of a copy of this order, furnished by the State Government.

(3.) RESPONDENT No. 2 vide its letter dated 16.6.2000 as contained in Annexure -7 has rejected the claim of the petitioner for SSS Pension mainly on two grounds. Firstly, the State Government had not sent the original NARC (non -availability of records and certificate) alongwith its verification report in original. Secondly, the State Government did not sent the original personal knowledge certificate issued by Sri Gopal Ji Mishra, another incarcerated accused, alongwith its verification report.