IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5377 of 2001 CHANDRA SHEKHAR JHA, SINCE DEAD, SUBSTITUTED BY HIS LEGAL HEIRS Versus THE UNION OF INDIA & ORS ----------- 6 22.01.2009 Heard counsel for the parties. In view of the fact that the petitioner has already died on 4.11.2008, the substitution of his heirs and legal representatives as prayed for in I.A.No.223 of 2009 is allowed. Let the names of the heirs be substituted in place of original writ petitioner. that the policy of the Government of India as with regard to underground suffering for the purposes on the grant of freedom fighter’s pension limits only three requirements namely, (i) He should be a proclaimed offender; or (ii) An award for his arrest/head was announced against him; or (iii) A detention order was issued against him but could not be served, the decision arrived by the respondents in holding that the original petitioner did not fulfil any of aforesaid criteria, does not suffer from any error. From the document in question on the basis of which the petitioner had claimed to have fulfiled the criteria for Freedom Fighter Pension, being Annexure- - 2 - R/II to the counter affidavit, would itself go to show that the petitioner was taken into judicial custody on 21.3.1943 and sent to jail for a period of three months because he failed to pay the only punishment of a fine of Rs. 400/- only. That very document described the names of other absconders or proclaimed offenders but in that category of persons the name of the petitioner had not been included. That being so, if the authorities have after application of mind come to a finding that the original petitioner did not fulfil the requirement for grant of such pension, this Court exercising power under Article, 226 of the constitution of India would not be in a position to disturb such finding of fact. Specially when the said fact in absence of any rejoinder affidavit to the counter affidavit of the Respondents is an admitted fact. This writ application is accordingly dismissed. Bibhash (Mihir Kumar Jha, J.)