RATHINDRA GOSWAMI Vs. UNION OF INDIA

JUDGEMENT

(1.) IT is the grievance of the petitioner that despite the fact that he was a Freedom Fighter and submitted application for pension as required under the scheme, but still vide letter dated 2. 9. 1997 the case of petitioner has been rejected by Ministry of Home Affairs, Government of India.

(2.) IT is stated that the petitioner was Executive Member of the Dholpur State Praja Mandal in the year 1945-47 and he had hoisted the `tri-colour' flag of Congress Party on the Government building of the Maharana School on 23. 1. 1946 to celebrate the birth day of Netail Subhash Chandra Boss. This matter was reported to the then Maharaja by the State Diwan Sardar Ranbir Singh. IT is stated that he had been taking active part in Prabhat Pheries, meetings and procession of the Dholpur Praja Mandal along with other students belonging to royal families. As per rule prevailing at that time, the then Maharaja had passed an order of externment from the State Territory of Dholpur in case of the petitioner in December, 1946. He returned back only in March, 1948 after the formation of Matsya Union. IT is also the case of the petitioner that the prominent workers of Dholpur Praja Mandal who were externed from the State territory have been mentioned in the University Text Book "rajasthan Ka ITihas" at page No. 452, copy of which has been annexed to writ petition as annexure-1. The name of petitioner has been mentioned in the only published book `swatantrata Andolen Main Dholpur", copy of which has been annexed as annexure-2.

(3.) COUNSEL for petitioner relies on Rule 9 of Freedom Fighters' Pension Scheme, 1972. Rule 9 of the Rules is reproduced here under:- " 9. HOW TO PROVE THE CLAIMS (EVIDENCE REQUIRED) The applicant should furnish the documents indicated below whichever is applicable. (a) IMPRISONMENT/detention ETC : Certificate from the concerned Jail authorities, District Magistrate or the State Government in case of non-availability of such certificates co-prisoner certificates from a sitting M. P. or M. L. A. or from an ex-M. P. or and ex-M. L. A. specifying the Jail period (Annexure-I in the application form ). (b) REMAINED UNDERGROUND: (i) Documentary evidence by way of Court's/government orders proclaiming the applicant as an offender, announcing an award on his head, or for his arrest or ordering his detention. (ii) Certificates from veteran freedom fighters who had themselves undergone imprisonment for five years or more if the official records are not forthcoming due to their non-availability. (c) INTERNMENT OR EXTERNMENT: (i) Order of internment or externment or any other corroboratory documentary evidence. (ii) Certificates from prominent freedom fighters who had themselves undergone imprisonment for five years or more if the official records are not available. (ANNEXURE-II in the application ). Note:- The certifier veteran freedom fighters in respect of underground suffering, internment/externment and the applicant should belong to the same administrative unit before the reorganisation of States and their area of operation must be the same. (d) LOSS OF PROPERTY, JOB, ETC: Orders of confiscation and sale of property, orders of dismissal or removal from service. "