IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE NO.14033 OF 2008 JAI MANGAL SINGH, SON OF LATE RAM EQBAL SINGH, RESIDENT OF VILLAGE RATANPUR, POST OFFICE HASPURA, DISTRICT GAYA VERSUS 1. THE UNION OF INDIA THROUGH THE SECRETARY, HOME DEPARTMENT, GOVERNMENT OF INDIA, NEW DELHI 2. THE JOINT SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTER DIVISION, GOVERNMENT OF INDIA, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI 3. THE DEPUTY SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTER DIVISION, GOVERNMENT OF INDIA, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI 4. THE UNDER SECRETARY, MINISTRY OF HOME AFFAIRS, FREEDOM FIGHTER DIVISION, GOVERNMENT OF INDIA, LOK NAYAK BHAWAN, KHAN MARKET, NEW DELHI 5. THE STATE OF BIHAR THROUGH ITS HOME SECREARY, GOVERNMENT OF BIHAR, PATNA 6. THE SECRETARY, HOME (SPECIAL) DEPARTMENT, FREEDOM FIGHTER DIVISION, BIHAR, PATNA 7. THE UNDER SECRETARY, HOME (SPECIAL) DEPARTMENT, FREEDOM FIGHTER DIVISION, BIHAR, PATNA 8. THE DISTRICT MAGISTRATE, JEHANABAD 9. THE JAIL SUPERINTENDENT, SUB-JAIL, JEHANABAD 10. THE CHIEF SECRETARY, GOVERNMENT OF U.P., HOME (SAMANYA) DEPARTMENT, ANNEXI, LUCKNOW,U.P. 11. THE UNDER SECRETARY, GOVERNMENT OF U.P., HOME (SAMANYA) DEPARTMENT 3, LUCKNOW, U.P. ************ 6 14/11/2011 The petitioner is seeking pension under the Freedom Fighters Samman Pension Scheme, 1980. By Annexure-1, the petitioner had applied for the said pension in the year 1999 before the State Government of Uttar Pradesh. The matter was remanded to the Collector, Jehanabad to determine as to whether the 2 petitioner would qualify for grant of the pension under the scheme. The then Collector Jehanabad called for a report from the Jail Superintendent, Sub-Jail, Jehanabad. Counsel for the petitioner submits that the Superintendent of Sub-Jail, Jehanabad had verified the fact that he had remained in custody as a freedom fighter during the relevant period. The matter remained pending. The Collector called for a report from the present Jail Superintendent as to whether the Jail Superintendent had issued the certificate certifying that the petitioner had remained in custody at Jehanabad for a period of six months in order to qualify for pension under the Scheme. The then Jail Superintendent Shri K. P. Sharma has signed at the bottom of the letter and has stated that he had granted the said certificate indicating that the petitioner was in custody as a freedom fighter. A counter affidavit has been filed by the Jail Superintendent Shri Dilip Kumar Singh taking a stand that he cannot verify whether the petitioner was in custody as certain pages are missing from the register and as such, he cannot verify the authenticity of the said certificate issued by K. P. Sharma. This Court, therefore, remands the matter 3 back to the District Magistrate, Jehanabad to look into the matter and to examine as to whether letter no. 385 dated 12.03.2002 was issued by the then Jail Superintendent to K. P. Sharma and whether K. P. Sharma has certified that he had issued the jail certificate in favour of the petitioner. Since, the matter is pending since 1999, the District Magistrate, Jehanabad will act expeditiously in this matter. The petitioner may also bring the facts to the notice of the District Magistrate, if so advised, along with a copy of this order. If, in case, it is found that the certificate was duly granted by the Jail Superintendent of the Sub- Jail, Jehanabad, then the District Magistrate will need to send the document to the Government of Uttar Pradesh along with the covering letter so that the matter may be expedited. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J.)