Sec.To Govt.Of India vs Sawinder Kaur & Anr

2. The husband of the respondent No. 1, late Gurnam Singh Dhillon, had applied for grant of freedom fighter pension on the basis that he had participated in the freedom struggle and had joined the Indian National Army or Azad Hind Fauj (for short “the INA”) during 1941-42 in Singapore. His claim for pension was based on the scheme, namely, Swatantrata Sainik Samman Pension Scheme, 1980 (for brevity “the 1980 Scheme”). Prior to the said Scheme, the Freedom Fighters Pension Scheme, 1972 (for short “the 1972 Scheme) was in vogue from 15.8.1972. The benefit of the 1972 Scheme was extended to certain categories of freedom fighters and their family members and the said Scheme was liberalized in the year 1980. Under the said liberalized scheme, anyone who had participated in the INA and in the Indian Independence League (IIL) was also treated to have participated in the National Liberation Movement. Under the said Scheme, a person, claiming pension on the grounds of being in custody in connection with the freedom movement, could be considered for grant of pension on production of imprisonment/ detention certificate from the concerned jail authorities, District Magistrate or the State Government indicating the period of sentence awarded, date of admission, date of release and various other factors. It also provided that in case official records of the relevant period were not available, secondary evidence in the form of certificates from co-prisoners from central freedom fighter pensioners who had proven jail suffering of minimum one year and who were with the applicant in the same jail could be considered provided their genuineness could be verified and found to be true by the competent authorities. In case of persons belonging to INA category, a certificate from a co-prisoner from the central freedom fighters pensioner was required. As per the 1980 Scheme, the ex-INA personnel who had not suffered formal punishment were not eligible for getting pension but later on, regard being had to their hardships and their patriotism, they were admitted to the Scheme from the year 1980 in terms of the relaxation provided in the Ministry of Home Affairs circular No. 8/4/83-FF(P) dated 31.1.1983.

4. Being grieved by the order of rejection, late Gurnam Singh approached the High Court of Punjab and Haryana in CWP No. 11049 of 1992 which was disposed of with the direction to the respondent therein to pass a speaking order in relation to his grievance within a period of six months. As his prayer was not accepted, he invoked the jurisdiction of the High Court again in CWP No. 6393 of 1993 assailing the order of rejection and the High Court issued a direction to determine the issue afresh. Thereafter, the competent authority of the Union of India, after due enquiry, accepted the prayer and directed that he would be entitled to the freedom fighters pension with effect from 9.6.1994.

7. The aforesaid order was assailed by the Government in L.P.A. No. 578 of 2012 and the Division Bench, vide order dated 26.04.2012, after narrating the history of the litigation, concurred with the view expressed by the learned Single Judge as a result of which the appeal stood dismissed. Hence, the present appeal by special leave.

16. Consequently, the appeal is allowed, the orders passed in the Writ Petition and affirmed in the Letters Patent Appeal are set aside. There shall be no order as to costs.

March 21, 2013.