DURGA PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) PETITIONER has filed this writ petition for a direction to the respondents to grant monthly pension to him under Freedom Fighters Pensionary Scheme, 1980 on the ground that he took part in freedom movement in 1942.

(2.) IT is submitted by Mr. Rajesh Kumar, appearing for the petitioner, that though records of the police case, in which petitioner was imprisoned, are not available, but the companion of the petitioner filed affidavit that petitioner was also one of the freedom fighters, and moreover everybody addresses/recognizes him a freedom fighter. He relied on paragraph 8 of the judgment reported in 1993 Supp (3) SCC 2 -Mukund -Lal Bhandari v. Union of India.

(3.) ACCORDING to the petitioner, he was entitled to the family pension as per the original scheme of 1972 itself but it appears that he made an application for the first time sometimes in the year 1996, which was forwarded to the Home Department of the Central Government. Petitioners claim was rejected by the said department by letter dated 16th May, 1997 on the ground that he could not produce anything in support of his claim. Thereafter in 2001, petitioner moved the Superintendent of Police, Koderma requesting him to issue certificates in his favour, on which inability was expressed by the Superintendent of Police saying that after 58 -59 years, the records of the case referred by the petitioner were not available.