Judgment

S.N. VARIAVA, J.- By this writ petition, under Article 32 of the Constitution of India, the petitioners seek the following relief:

"To issue writ/order/direction to the State Government to send reports about the freedom fighters to the Union Government to expedite payment of Freedom Fighters Pension from the commencement of the Scheme from 1-8-1980 to the petitioner Organisation being the freedom fighters."

This petition has been filed by the Association whose members claim to be freedom fighters.

2. ,The Government of India had announced a scheme known as the Swatantrata Sainik Samman Pension Scheme, 1980 (hereinafter called "the Scheme") under which freedom fighters were to receive pension as mentioned in the Scheme. Any person who had suffered a minimum imprisonment of six months in the mainland jails before independence or in the case of SC/ST freedom fighter who had suffered minimum imprisonment for three months is eligible to receive the pension. The manner of proving claims is as follows:

"The applicants should furnish the documents indicated below whichever is applicable in order to prove his claimed sufferings for grant of pension under the Scheme:

(A) Imprisonment/detention:

Certificate from the jail authority, District Magistrate or the State Government concerned, indicating period of sentence awarded, date of admission, date of release and reasons for release, a nonavailability of records certificate (NARC) from the authorities concerned along with co-prisoners certificates (CPC) as under:

(i) Two co-prisoners certificates from th~freedom fighter pensioners who had a proven jail suffering of one year.

or

(ii) One co-prisoners certificate from a sitting MP or MLC or from an ex-MP or an ex-MLA specifying his jail period and that of the applicant (Annexure I in the application form).

(B) Documentary evidence by way of courts/governments orders proclaiming the applicant as an offender, announcing an

award on his head or for his arrest or ordering his detention. In the absence of such certificates from official records, a non-availability of records certificate from the authorities concerned along with a certificate from a prominent freedom fighter who had undergone imprisonment for a period of at least two years or more."

Thus, it is to be seen that the applicant has to furnish a certificate from the jail authority, District Magistrate or the State authorities indicating the period h of sentence awarded, date of admission, date of release and reasons for release and in the absence of such a certificate, a non-availability of records certificate (NARC) along with a co-prisoners certificate (CPC), namely, tWo certificates from freedom fighters who had a proven jail suffering for one year or one certificate from a sitting MP or MLA or an ex-MP or ex-MLA. In a case of persons having gone underground documentary evidence by way of proclamation of the applicant as an offender, announcing an award for his arrest or an order of detention. In the absence of official record a certificate from a prominent freedom fighter, who had undergone imprisonment for a period of at least two years, was to be given.

3. All the members of the petitioner Association had applied for pension. b It is their case that their applications were not being processed and that the State Government was not doing anything. This Court, by its order dated 12-10-2001, directed the State of West Bengal to appoint a State Advisory Committee, if not already appointed, and further directed the Committee to verify the cases of the members of the petitioner Association and communicate its opinion to this Court.

4. The State of West Bengal filed an affidavit on 4-2-2002 wherein it was set out that the State Advisory Committee had considered the cases of all and had rejected all the applications.

5. This Court by its order dated 15-2-2002 directed the State Government to file a better affidavit giving full particulars regarding verification. The d State Gove