* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4931/2007 YASHODA BAI ..... Petitioner Through Mr. Vimal Wadhwan, Adv. versus U.O.I ..... Respondent Through Mr. Suresh Kait with Mr. Yogesh Verma and Mr. Abhishek Verma, Advocates CORAM: HON'BLE MR. JUSTICE SANJIV KHANNA O R D E R % 16.05.2008 1. The petitioner has been denied benefit of freedom fighters pension under Swatantrata Sainik Samman Pension Scheme, 1990 from the date of the application on the ground that pension has been awarded by giving benefit of doubt. In the counter affidavit, it is stated that the certificate furnished by the Jail Authorities and confirmed by the Jail Authorities, discloses that the petitioner’s husband had remained in jail from 15.1.1947 to 2.8.1947 i.e. for a period of 6 months and 18 days, whereas the punishment awarded to the petitioner’s husband was for six months. It is submitted that the case is not free from doubt. It is stated by the respondent that it is not clear why the petitioner’s husband was kept in the prison for 6 months and 18 days when he was sentenced for 6 months. 2. The reasoning given by the respondents cannot be accepted. The Extract from the Convicted (Political Prisoners) Register has been enclosed as Annexure B to the writ petition. The petitioner’s husband was awarded rigorous imprisonment of 6 months as well as fine and on failure to pay the fine, further imprisonment of one month. The petitioner’s husband was therefore awarded total imprisonment of 7 months. This is clear from column no.8. Column no.6 of the said register also gives the date when the petitioner’s husband was imprisoned as 15.4.56 Fasli or 15.1.1947 AD and the date when he was released as 1st Mehar 56 Fasli or 2nd August, 1947 AD. This fact has been confirmed by the letter dated 26.3.1996 issued by Government of Karnataka (Prisons Department) certifying that the petitioner’s husband, Mr. Srinivas S/o. Bankat Lal Sharma was admitted in the said prison on 15.4.1356 Fasli for undergoing 6 months’ imprisonment for violation of Section 119 Tahafuz. The certificate further mentions that the said Section was applied in view of the involvement of the petitioner’s husband in the Hyderabad Liberation movement. The certificate states that the petitioner’s husband was released on 1st Mehar 1456 Fasli. 3. In the present case direct and primary documentary evidence is available. The said evidence cannot be doubted and is clear and categorical. The present case cannot be regarded as doubtful or a case in which by applying benefit of doubt pension has been awarded. Supreme Court in the case of Mukund Lal Bhandari & Ors. Vs. Union of India & Ors. reported in AIR 1993 Supreme Court 2127 has held that the benefit of pension to a freedom fighter should flow from the date of the application. It was accordingly observed as under : “Hence we are of the view that the pension under the Scheme should be made payable only from the date on which the application is made whether the application is accompanied by the necessary proof of eligibility or not. The pension should, of course, be sanctioned only after the required proof is produced” 4. In the present case there is no doubt that the petitioner’s husband had undergone imprisonment while fighting for freedom of this country. Therefore, pension is payable from the date when application was filed. 5. The respondents will calculate the balance amount of pension payable to the petitioner in accordance with the scheme and pay the same within 8 weeks from today. In case payment is not made within 8 weeks, the respondents will be liable to pay interest on the said amount @ 10% per annum from the date of this order till payment is made. The writ petition is accordingly disposed of. No costs. SANJIV KHANNA, J. MAY 16, 2008 Vld/P