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2003 Supreme(SC) 955

UNION OF INDIA – Appellant
Versus
BIKASH R. BHOWMIK – Respondent


( 1 ) RESPONDENT 1 claimed that he was entitled to the benefit of the Swatantrata Sainik Samman Pension Scheme, 1980 (hereinafter referred to as the Pension Scheme) and made an application for grant of the pension thereof. As no jail records were available with him, he sought to prove that he was entitled to the pension by producing affidavits sworn by one Trailok Nath Mandal and certificate issued by the Headmaster of a school. In the affidavits filed by Trailok Nath Mandal he stated that he was a freedom fighter of great reputation and he was imprisoned and confined to Midnapur Jail which is now in West Bengal; that he was receiving pension under the Central Government in terms of the Pension Scheme since 1975; that respondent 1 was a student in Kala North East School and actually participated in the independence struggle in Quit India Movement under the leadership of Niharendu Dutta Majumdar; that Respondent 1 was confined to jessore Jail and he had gone to meet him during October 1944; and that respondent 1 had been in imprisonment for 192 days.

( 2 ) THE requirement under the relevant Pension Scheme is that a certificate should be issued by two co-prisoners from the freedom-fi



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