C.W.P. No.12995 of 2009 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.12995 of 2009 Date of Decision.16.03.2010 Harbhajan Kaur ........Petitioner Versus The Union of India through the Secretary to Govt. of India, Ministry of Home Affairs, Freedom Fighter Division, Lak Nayak Bhawan, Khan Market, New Delhi and others Respondents Present: Mr. A.K. Walia, Advocate for the petitioner. None for respondent No.1. Mr. Anil Kumar Sharma, Addl. A.G., Punjab for respondents No.2 and 3. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? Yes 2. To be referred to the Reporters or not ? No 3. Whether the judgment should be reported in the Digest? No -.- K. KANNAN J.(ORAL) 1. The writ petition has been filed for sanction of pension under the provisions of Swatantrata Sainik Samman Pension Scheme, 1980 for the widow of late Gurcharan Singh, Freedom Fighter, who died on 24.05.2005. The contention of the petitioner was that her husband had filed a petition for grant of pension and he had submitted proof of the fact that he had taken part in individual Satyagrah in the year 1941-42 and suffered imprisonment in the Central Jail, Lahore from 21.02.1941 to 13.08.1942 along with Bachan Singh son of Washakha Singh and Fakir Singh son of Atma Singh. The petitioner's husband did not have the jail C.W.P. No.12995 of 2009 -2- certificate and therefore, he had also secured the affidavits of the fellow prisoners and the State Government had examined these records and they appeared to have given a letter of recommendation to the Union of India on 06.04.1995 for grant of pension, on the basis of data collected that the petitioner's husband was entitled to the benefit of pension under the Scheme. Notwithstanding the letter of recommendation from the State Government and the relevant proof of imprisonment in the manner that the Scheme envisaged, the Union had still not extended the benefit till he died. The petitioner carries the brief of her husband now incidentally for her own benefit. 2. After the writ petition was filed, although the Union was served, no statement has been filed in spite of the fact that the last opportunity had been granted to file the same by 19.02.2010. Cases of consideration of claims for pension under the Swatantrata Sainik Samman Pension Scheme will obtain seriousness in the manner that it deserves only if the Government starts thinking that it is not an act of charity that they are doing in acceding to pleas for pension. It is, on the other hand, a society's repayment of gratitude to persons, who had shed life and blood for our country. The inertness of the Union is appalling, to say the least, and before the Court, it is absolutely indifferent. The petitioner is entitled to pension and it is directed that the respondent acts on the recommendation made by the State Government by the reference referred to above and issues to the petitioner the benefits under the Scheme in right earnest within a period of four weeks from the C.W.P. No.12995 of 2009 -3- date of receipt of copy of the order. The petitioner shall be at liberty to secure the copy of the recommendation from the State and forward the same along with the order on which the 1st respondent is bound to act without any further letter for delay. 3. The writ petition is allowed on the above terms. (K. KANNAN) JUDGE March 16, 2010 Pankaj*