IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.632 of 2010 NASEEB JHA, S/o. late Chandra Shekhar Jha, r/o. Village- Belahi, Post- Khajauli, District- Madhubani. ----------Petitioner/Appellant. Versus 1. THE UNION OF INDIA, through Secretary, Ministry of Home Affairs, Freedom Fighters Division, New Delhi. 2. Director, Freedom Fighters Division, Ministry of Home Affairs, Lok Nayak Bhawan, Khan Market, New Delhi. 3. Joint Secretary, Govt. of India, Ministry of Home Affairs, Freedom Fighters Division, Jaisalmer House, New Delhi. 4. Under Secretary, Govt. of India, Ministry of Home Affairs, Freedom Fighters Division, Lok Nayak Bhawan, Khan Market, New Delhi. 5. Director-cum-Secretary, Govt. of Bihar, Department of Home Special, Bihar, Patna. 6. District Magistrate, Madhubani, District- Madhubani. 7. Treasury Officer, Madhubani, District- Madhubani. 8. Manager, Central Bank of India, Branch Madhubani, District- Madhubani. 9. Central Pension Accounting Officer, M/o. Finance, Dept. of Expenditure, Block No.II, Tirhut Complex, Bikhaji Cama Place, R.K. Puram, New Delhi. 10. Mr. Suryanarain Jha, 11. Mr. Nathuni Jha both s/o. late Chandrashekhar Jha, both are r/o. Village- Belahi, P.O. Khajauli, District- Madhubani. ------------Appellants/Respondents For the Appellant: Mr. Kalikant Jha, Mr. Manish Jha, Mr. Abhay Kumar Thakur, Advocates. For the Respondent Nos.1 to 4 & 9: Md. Abu Haider, G.L. For the Respondent Nos.5 to 7: Mr. Dilip Kumar, A.C. to G.A. 3. ----------- 03. 08.04.2010 Heard learned counsel for the appellant and learned counsel for Union of India as well as learned counsel for the State. Although some of the heirs of the deceased writ petitioner have been made respondents, their interest is same as the interest of the appellant. Hence, we have considered the limitation petition on merits without noticing the private respondents who are relations or 2 family members of the appellant. Considering the explanation in the limitation petition filed under Section 5 of the Limitation Act, the delay of 202 days in preferring this appeal is condoned and I.A. No. 3235 of 2010 stands allowed. For the purpose of admission of the appeal, we have heard the parties on merits and perused the order of the writ Court dated 22.01.2009. In order to show that writ petitioner, deceased Chandra Shekhar Jha was entitled to Freedom Fighter Samman Pension, the appellant had succeeded in showing that in a case related to freedom struggle he suffered imprisonment for three months but admittedly that is not sufficient unless the imprisonment was for a period of six months or more. It was further submitted that because the case was lodged and pending, the writ petitioner had to abscond and for such underground suffering also he is/was entitled to the pension. On this issue learned writ Court has noted the three requirements for grant of Freedom Fighter Pension on the basis of the underground suffering. As per those 3 requirements, the claimant should be a proclaimed offender or there should be an award for his arrest against him or a detention order issued against him which remain unserved. In absence of any material to show that writ petitioner’s case fell under any of the aforesaid three categories, the authorities did not agree to grant Freedom Fighter Pension to the writ petitioner and the writ Court also found no material to interfere with the decision of the authorities. On considering the materials we also find ourselves helpless in granting any relief to the appellant. This appeal is therefore dismissed in limine but without costs. Mkr. (Shiva Kirti Singh, J.) (C.M. Prasad, J.)