THE HON’BLE SRI JUSTICE NOUSHAD ALI W.P.No.22307 of 2009 BETWEEN: Jetti Nageswara Rao, …. PETITIONER And 1. The Government of India, rep. by its Deputy Secretary, Ministry of Home Affairs, Freedom Fighters Division, Lok Nayak Bhavan, Khan Market, New Delhi, and others. …. RESPONDENTS Counsel for petitioners: Sri C. Praveen Kumar Counsel for respondents: Ponnam Ashok Goud (Asst. Solicitor General) and G.P. for Revenue. The Court made the following order: ORDER: A 90 year old gentleman who fought for the freedom of this nation stands before this Court seeking pension. He laments that this nation has forgotten his services and puts a question that if an imposter could get pension why not a genuine freedom fighter. He recalls his memories of the freedom struggle and extensively quotes the father of the nation Mahatma Gandhi and repeats his message that “If you can resist violence by non-violence and self-sacrifice, do it. If not, resist violence with violence. Violence is better than cowardice.” 2. The case of the petitioner is that he is a genuine freedom fighter having participated and played an important role in Quit India Movement. His maternal uncle Sri Sakruti Sitaramaiah participated in Salt Satyagraha and went to jail. He was brought up in Gandhian family. He participated in the First Forward Block Conference convened by Netaji Subhash Chandra Bose as a member of the Reception Committee in his 19th year, which was held on 22nd and 23rd of June, 1939 in Jinna Hall in Bombay. The petitioner claims that aggrieved by the resolution passed by the All India Student Federation, Student Wing of the Communist Party, opposing Quit India Movement and supporting the British War effort, he along with national minded students formed Andhra Provincial National Student Federation and he convened the conference of the Andhra Provincial National Student Federation as the reception Committee Chairman. He was elected as the Provincial Secretary, which was published in Jamin Rytu a National weekly on 03-09-1943. He attended a Political Camp convened by Sri G.Ramachandran, a close follower of Mahatma Gandhiji and Sri R.R.Keithan, which was held in Kengeri a village about 10 miles from Bangalore between 25-09-1943 and 30-09-1943. 3. The petitioner claims that he was elected as one of the Secretaries of South Indian National Students Federation in a conference held in October, 1943 in Madras. National Students Federation along with National Youth Federation stemmed the tide of the Communists while the Congress leaders in jail. 4. The petitioner further asserts that in 1943 on coming to know that the then Governor Mr.Hope was to visit Guntur for the Convocation of Andhra University and laying foundation stone for Lady Hope College (present Government College for Women), he went underground on 03-12-1943, as he was certain that the Police would arrest him. A Detention Order was issued by the District Magistrate just two days after that. He utilized his underground existence in preparing a bomb with the help of one Sri Shastry a roving emissary of Sri Jayaprakash Narayan. They intended to plant bomb at the foundation laying site, but it went off in their room in Sambasivapet at 2.30 AM where they were waiting. Though the police converged on the spot, they could escape. He was in underground from 03-12-1943 until the detention order was withdrawn on 31-12-1943. 5. The petitioner further states that on 19-01-1944 the National Students Federation was banned through out Madras Province, which was published in Andhra Patrika on 20-01-1944. The petitioner’s house in Guntur was searched on 21-01-1944. “Rana Garjana” and some other seditious literature were found in a suitcase in his house. He was arrested and sent to Sub-Jail in Guntur the same day. The petitioner’s younger brother Panduranga Rao, a minor, surrendered to the Police giving a statement that the suitcase and its contents belonged to him and the same was published in Andhra Patrika on 22-01-1944 and as there was no case against the petitioner, he was released the next day. When Azad Hind Fouz under the leadership of Netaji Subhash Chandra Bose marched into Imphal and Kohima, he convened a secret meeting of congress workers in Guntur and discussed ways and means of carrying their part of struggle like exploding the railway bridge over Krishna river etc. The police came to know of it after the meeting and petitioner’s detention became imminent. Detention orders were issued against the petitioner by the District Magistrate, Guntur on 15-04-1944. As the petitioner was forewarned by the camp clerk of the Collector, he went underground before the detention orders were served on him and arrested. Keeping in view of their aborted bomb attempt against Governor Hope, Sri V.L.Sundar Rao, Sri Pavuluru Sivaramakrishnaiah, Sri S.Balakotaiah and other colleagues advised him to go to Pune and develop contacts with the underground leaders there and learn making bombs. The petitioner fled to Pune. While in underground in Pune, the petitioner lead a deputation to Mahathma Gandhiji while he was in Panchagani along with Sr.V.L.Sundar Rao on 09-07-1944 and 10-07-1944 and only after that he could develop contacts with underground workers in Pune. 6. The petitioner further states that Police spotted him in Pune and he was taken by Bombay provincial Police to the District Headquarters Office of the Central Intelligence Special Branch on 09- 03-1945. The Chief Inspector Sri Gharpure was pleased by his straight forward answers, especially his statement “I am a Gandhist if I ever deserve to be one”. The Chief Inspector told him that his detention orders were withdrawn and his movements in Pune area had become his responsibility. Though the detention orders were withdrawn, the petitioner continued to stay in Pune. The first detention order was for 25 days; second time it was from 15-04-1944 to 09-03- 1945 i.e., 10 months and 24 days up to the date the petitioner was interrogated by the Central Intelligence Inspector on 09.03.1945. Thus, his underground existence to evade arrests and detentions was for a period of 11 months 20 days. 7. The petitioner asserts that on 30-05-1979 he applied for Central Government Pension. Though his pension clearly states that all his activities in the Movement were in Guntur District, the Government after dallying around Sangareddy and Hyderabad for 12 years, ultimately sent his file to Guntur Collector on 27-04-1991. The Revenue Divisional Officer, Guntur interviewed him on 26-06-1991 and took his statement. Out of the four prominent Freedom Fighters that gave him certificates, Sri Kalluri Chandramouli was in Moparru in Tenali Taluka, Sri V.L.Sundar Rao was in Delhi and Sri Annapragada Kameshwar Rao in Pune. Sri Balakotaiah, colleague of the petitioner in all his activities in Quit India Movement and recognized freedom fighter, appeared personally before the Revenue Divisional Officer on 26-06-1991 and gave a statement. As Sri Kalluru Chandramouli was in Tenali Taluka, petitioner’s file was sent to R.D.O., Tenali. On the instructions of the R.D.O., M.R.O., Amruthalur went to Mopparu Village where Sri Chandramouli was staying. By that time he was 93 years old and bedridden and was in coma. He expired after few days. The R.D.O., Tenali after making local enquiries including Sri A.Dharma Rao, Ex-Minister, came to the conclusion that the petitioner is a genuine freedom fighter. The R.D.O. recommended petitioner’s case to the Collector. 8. As all the freedom fighters that had given the petitioner certificates had expired, the petitioner took certificates from two more prominent freedom fighters viz., (i) Sri Ravi Sathyanarayana, who was in jail twice for three years, a Tamara Pathra Grahitha, and President of the Guntur District Freedom Fighters Association and (ii) Sri Pavuluri Sivaramakrishnaiah, a recognized freedom fighter and General Secretary of A.P. Freedom Fighters Organization, a Tamara Pathra Grahitha. 9. The petitioner met the Sub-Collector, Tenali and pointed out all the relevant documents including Jamin Rythu and Andhra Patrika published in 1943 and 1944. The Collector sent petitioner’s file to the R.D.O., Tenali again. Realizing that the Officers are not aware of the guidelines of Pranab Mukherjee Committee, the petitioner gave a copy to R.D.O. The R.D.O. got the two living freedom fighters interviewed by the M.R.O. and took up petitioner’s case and recommended his case to the Collector, Guntur. 10. The Collector, Guntur sent petitioner’s file to the Secretary, Revenue, Government of Andhra Pradesh recommending his case for pension on 28-01-2004. The 4th Respondent sent petitioner’s file to freedom fighters division of Home Affairs, recommending his case for sanction on 01-03-2004. The petitioner sent reminders to the Deputy Secretary, Freedom Fighters Division, Home Affairs on 18-08-2004, 25.08.2004 and on 02-04-2005. The petitioner produced the secondary evidence viz., non-availability of record certificate (NARC) from the 4th Respondent dated 31-01-2005, personal knowledge certificate (PKC) from prominent freedom fighters dated 19-09-1980, 10-03-1982, 24-07-1988, 26-06-1991, 30-11-2000, 02-12-2000, the 1st Respondent has failed to consider the same and rejected awarding pension by orders dated 27.02.2006 on untenable grounds, viz., (i) The petitioner claimed jail suffering for one day i.e., 21.1.1944 only which is less than the minimum prescribed period of six months; (ii) that the petitioner failed to produce acceptable primary evidence regarding his underground suffering; (iii) that he has not furnished NARC from the State Government containing all the ingredients prescribed; (iv) that the Non-Availability of Record Certificates (NARCs) issued by the concerned authorities are not valid as they do not contain all the prescribed ingredients; (v) that in the absence of valid NARC, PKCs cannot be considered as certificates; and (vi) that the certificates produced by the petitioner issued by the named political sufferers are not in the prescribed format and without the required ingredients and the said certificates are general in nature without support of material that the certifiers had undergone jail suffering. 11. It may be mentioned that the Respondents 1 and 2 have not controverted the above mentioned facts asserted by the petitioner by filing counter-affidavit despite the fact that the matter has been pending ever since 2009. In fact, this Court while ordering notice before admission on 22-10-2009 directed the 2nd Respondent to process the application of the petitioner by treating the NARC issued by the Collector, Pune as valid and to pass fresh orders within a period of four weeks. Nothing appears to have been done in pursuance of the said order. Thereafter the matter underwent adjournments on 16-03- 2011, 21.03.2011, 01-04-2011 and on 08-04-2011 and finally heard on 11.04.2011. 12. There is no dispute that the Union of India has evolved a Scheme Swatantra Sainik Samman Pension Scheme, 1980 to provide pension to the freedom fighters. The Scheme also provides that an applicant seeking pension can support his claim either by primary evidence consisting of imprisonment/detention certificate from the concerned jail authority, the District Magistrate or the State Government or through secondary evidence in the form of two co- prisoner certificates from freedom fighters who underwent jail sentence for a minimum of one year and who were with the applicant in jail, provided the State Government/Union Territory Administration concerned after a due verification of the claim and its genuineness, certifies that documentary evidences from the official records support of the claimed sufferings were not available. In the absence of primary record based evidence, a non availability of records certificate (NARC) from the concerned State/Union Territory Administration along with Personal Knowledge Certificate (PKC) from a prominent freedom fighter who has proven jail suffering of a minimum two years and who happened to be from the same administrative district can be submitted as supporting evidence of the claim. Where records of the relevant period are not available, a Non-Availability of Record Certificate (NARC) from the concerned authority is a pre-requisite for secondary evidence. The said NARC should conform to the instructions issued by the Government of India. It is stipulated that the State Governments should issue NARC only after due verification from all the sources and the NARC is treated as valid only if it is furnished by the State Government after consulting all the concerned authorities who could have relevant records in respect of the claim of the applicant and it is confirmed that the official records of the relevant time are not available. The Scheme also envisages verification and recommendation report of the State Government as mandatory. 13. The material placed before this Court shows that the petitioner has submitted the non-availability certificate dated 31-01- 2005 from the State Government, Personal Knowledge Certificate (PKC) from the prominent freedom fighters dated 19-09-1980, 10-03- 1982, 24.07.1988, 26-06-1991, 30-11-2000 and 02-12-2000. He also produced the newspapers “Jamin Rytu” dated 13-09-1943, “Andhra Patrika” dated 20-01-1944 and 22-01-1944 and also post cards dated 19-08-1945 and 23-08-1945. Besides the said material, the application of the petitioner was thoroughly got enquired in terms of the said Scheme through the Revenue Divisional Officer, Tenali. On a consideration of the said Report, the District Collector, Guntur by his letter Rc.No.563/2003-C2, dated 23.01.2004, recommended the case of the petitioner. The relevant part of the said letter is as follows : “According to the Swatantra Sainik Samman Pension Scheme, 1980, a person who remained underground for more than six months provided he was : a) a proclaimed offender; or b) one on whom an award of arrest/head was announced; or c) for whose detention order was issued but not served; is eligible for the grant of Samman Pension under the scheme. To prove the claims, regarding remaining underground, the applicant could produce : a) documentary evidence by way of Court’s/Govt.’s orders proclaiming the applicant as an offender, announcing an award on his head, or for his arrest or detention. b) Certificates from veteran freedom fighters who had themselves undergone imprisonment for five years (later on reduced to two years) if the official records are not forthcoming due to their non-availability. The applicant stated that he applied for copies of his two detention orders issued by the District Magistrate, Guntur dated 05-12-1943 and 14-04-1944 but only received endorsements, dated 07-12-1994, 16-02-1995 and 24.04.1995 informing that the detention orders are not available. He further stated that he went to Poona on 23.6.98 for copies of the withdrawal of detention orders by the Madras Government and clamping of the police surveillance by Poona District Police. The District Collector, Poona had given an endorsement to him on 6- 7-1998 informing that such record was not available in their office. In the absence of such orders, the applicant filed Personal Knowledge Certificates from the following six freedom fighters and two ex-ministers, Sri Alapati Dharma Rao and Sri Yadlapati Venkatrao. 1. Sri Kalluri Chandramouli 2. Sri Annapragada Kameswararao 3. Sri V.L.Sundararao 4. Sri S.Balakotaiah 5. Sri Ravi Satyanarayana 6. Sri P.Sivaramakrishnaiah Out of the above, Sri K.Chandramouli, Sri A.Kameswararao, Sri V.L.Sundararao, Sri S.Balakotaiah and Sri Alapati Dharmarao passed away. Sri Ravi Satyanarayana, resident of Tenali town is aged 93 years. He was the Chairman of Tenali Municipality in 1938 and 1948. He was kept in jail twice for three years. He was the president of Guntur district freedom fighters association. Sri Pavuluri Sivaramakrishnaiah, was the resident of Govada and aged about 80 years. He was a recipient of tamarapatra. He was general secretary of A.P.Freedom Fighters Organisation. Sri Yadlapati Venkatarao, M.P.Rajyasabha is the resident of Tenali town and is aged about 84 years and he is ex-minister. All the above had by their personal knowledge corroborated the recitals in the PKCs given by them. The M.R.O., Tenali who was asked to enquire into the genuineness of the certificates given by Sri Ravi Satyanarayana, Sri Pavuluri Sivaramakrishnaiah and Sri Yadlapati Venkatarao, M.P. had recorded statements from them on 29-6-03. The Revenue Divisional Officer, Tenali also reported that he had gone through the documents produced by the applicant in support of his claims. 1. The claim of the applicant that he had convened the conference of Andhra Provincial National Students Federation as the reception committee chairman on 21st and 22nd of August 1943 is supported by a copy of Jamin Rytu, a weekly published on 03-09-1943. 2. That National Students Federation was banned through Madras Province is supported by a copy of Andhra Patrika, a daily published on 20-01-1944. 3. That he was arrested is supported by Andhra Patrika published on 22-1-1994. The news published in Jamin Rytu on 3-9-1943 and that published in Andhra Patrika on 20.1.1944 and 22-1-1944 shows that he actually participated in freedom movement. 4. But his claim for Central Government pension depends on his underground existence to avoid arrest for 11 months and twenty days. First was a preventive detention order issued by the District Magistrate, Guntur, on the occasion of his Excellency Governor Hope who came to Guntur for the convocation of Andhra University and laying foundation for Lady Hope college for women (now Govt. college for women) Sri Jetti Nageswararo, the applicant stated that as he was the secretary of Andhra Provincial National Students Federation which was supporting the Quit India Movement, he felt certain that he would be arrested and went underground on 3-12-1943. The detention orders were issued on 5-12-1943 and were withdrawn on 31- 12-1943. Second time, it was a detention without trial order issued by the District Magistrate, Guntur on 15-4-1944. The applicant stated that he had fled to Poona and he was informed that the detention were withdrawn by Madras Govt. on 9-3-1945 which information was given to him by the District Intelligence Inspector in Poona who had clamped police surveillance on him. As an evidence for underground existence in Poona, he had submitted a postcard written in Poona on 19-4-1945 to his uncle in Tenali with postmarks of Poona on 20-8- 1945 and of Morrispet, Tenali on 23-8-1945. The Revenue Divisional Officer, Tenali had reported that he checked it with the original and found it to be a genuine one and that in that postcard he wrote to his uncle only about patriotism and service to the country requesting him indirectly to allow him to continue in the freedom movement and it was an ancient document with evidentiary value and comes under contemporary item of the rules of the Central Government and could be treated as a corroborative evidence. The Revenue Divisional Officer, Tenali finally reported that after enquiry and study of the applicant’s affidavit and the documents placed before him the PKCs given by the prominent freedom fighters and the statements given by Sri Ravi Satyanarayana, Sri Pavuluri Sivaramakrishnaiah and Sri Yadlapati Venkatarao it was revealed that Sri Jetti Nageswararao is a genuine freedom fighter and that he deserves for sanction of freedom fighters pension under central scheme. In view of the above, the claim of the applicant Sri Jetti Nageswararao for sanction of freedom fighters pension under central scheme can be considered. The following record is submitted herewith for taking necessary action. 1. Application of Sri Jetti Nageswararao, dated 17-2- 2003. 2. Affidavit of Sri Jetti Nageswararao, applicant. 3. Certificate issued by Sri Alapati Dharmarao, Ex.Minister. 4. Certificate issued by Sri Yadlapati Venkatarao, M.P. (RS). 5. Clipping of Jamin rytu a weekly published on 3-9- 1943. 6. Clipping of Andhra Patrika a Daily published on 20.1.1944. 7. Clipping of Andhra Patrika a Daily published on 22-1- 1944 8. Endorsement issued to the applicant by the Collector, Guntur. 9. Endorsement issued to the applicant by the Collector, Poona. 10.Personal Knowledge Certificate issued by 1. Sri Ravi Satyanarayana 2. Sri P.Sivaramakrishnaiah 11. Post card, dated 20-8-1945.” 14. The State Government in turn accepted the recommendation of the District Collector, and recommended the case of the petitioner vide letter No.3359/FF.I/A3/2004-1, dated 01-03-2004 duly enclosing verification report along with letter of the District Collector, Guntur, PKC affidavit and NARC. Again by letter No.1780/FF.1/A1/05-1, dated 31.01.2005 confirmed its recommendation stating that the detention order issued by the District Collector, Guntur was not available in the State Government also. 15. The pension scheme admittedly envisaged provision of secondary evidence. The petitioner was disabled to produce primary evidence indisputably for the reason that the concerned records are not available. However, the petitioner produced abundant material dating back to 1940’s and the certificates issued by the political sufferers. Apart from the same, an Officer of the rank of Revenue Divisional has made a thorough enquiry into the claim of the petitioner and found that his claim is genuine in terms of the scheme. A perusal of the report clearly show that the claim was verified from all possible sources. The State Government considered the same and on the recommendation of the District Collector endorsed the report. Therefore, in the light of the material and the enquiry so made clinchingly establish the case of the petitioner. The impugned order shows that the 1st respondent has adopted a highly technical approach in rejecting the claim of the petitioner. It may be mentioned that perhaps in very few cases, at least this much of material is available and perhaps this case is also an odd case wherein a person has been struggling for pension for over 20 years. On examination of the entire material, it must be held that the technical approach of the 1st respondent in denying pension to the petitioner is unjustified and therefore the impugned order must be held to be unsustainable. 16. Accordingly, the Writ Petition is allowed and the order dated 27-02-2006 passed by the 1st Respondent is set aside holding that the petitioner is entitled for pension under Swatantra Sainik Samman Pension Scheme, 1980. As a consequence of allowing the Writ Petition, the respondents 1 and 2 shall sanction pension with arrears to the petitioner under the Scheme as early as possible preferably within a period of three months from the date of receipt of a copy of the order. No costs. ________________ NOUSHAD ALI, J. -04-2011. skmr