IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.7136 of 2005 SADANAND PODDAR Versus THE UNION OF INDIA & ORS ----------- For the Petitioner :- Mr. Indu Bhushan Prasad For the Union of India :- Mr. Sudhir Singh, Asst. S.G., Govt. of India For the State :- S.C.8 2 2.2.2009 Heard counsel for the parties. There is no dispute that the petitioner was born on 26th of August, 1929. This is so because even his matriculation certificate dated 30th June, 1945 produced before this Court would show his date of birth to be 26th of August, 1929. In that view of the matter, when the petitioner is said to have participated in the 1942 movement, he was definitely more than 12 years of age. There being no provision made in the scheme for grant of pension under the Freedom Fighter Pension Scheme restricting grant of such pension on the qualification of age, the respondents are required to consider each and every case on their merit without being guided by the factor of the age alone. It may be that in a case where a person is found to be under 12 years of age in 1942, the presumption of applicability of Section 82 & 83 of the Indian Penal Code can be made applicable but it cannot be said with certainty much less with any conviction that the moment a person claims to have participated in the freedom struggle by claiming himself to have been made accused and undergone sufferings, being a minor 2 less than 18 years but above the age of 12 years, his case has to be rejected only on the ground of his being on underage and also without considering the case in its merits. In the present case also, the petitioner was earlier granted pension and the same came to be cancelled on the ground of age. As noted above, the age alone cannot be a deciding factor unless there are other circumstances establishing non-fulfilment of any other terms and conditions for grant of pension under Freedom Fighter Pension Scheme. That being so, both the letter dated 19th of May, 2004 as contained in Anenxure-9 and the subsequent order reiterating the same dated 7th of October, 2004 as contained in Anenxure-8, are hereby quashed and the matter is remitted back to the Central Government to re- consider the matter strictly in accordance with the policy and pass a fresh order within six months from the date of receipt/production of a copy of this order. Any decision for payment of pension by way of revival will be abide by the decision to be taken by the Government of India. With the aforementioned observations/directions, this application is disposed of. Rsh (Mihir Kumar Jha, J.)