Judgment :-

R.V. RAVEENDRAN, J.

Leave granted.

2. Choudhuri Nayak, first respondent in these appeals (who died during the pendency of the special leave petitions leaving his widow as his legal representative) filed an application on 18.9.1978 claiming pension under the Freedom Fighters Pension Scheme, 1972 (`scheme' for short). In his application, he claimed that he was convicted by the Sub-Divisional Officer, Bhadrak, under Rule 38(5) of the Defence of India Rules (`DIR' for short) and sentenced to seven months' simple imprisonment. He further stated that in pursuance of such conviction and sentence, he was taken into custody and suffered imprisonment from 19.3.1943 to 10.10.1943 in Balasore jail. The said application for freedom fighter's pension was accompanied by a typed unsigned copy of a certificate dated 12.3.1974 said to have been issued by the Superintendent, Balasore District Jail, certifying that the first respondent was convicted and sentenced to seven months simple imprisonment by Sri. P.C.Mohanty, Sub-Divisional Officer, Bhadrak under Rule 38(5) of DIR on 10.3.1943 and he was confined in the said jail from 19.3.1943 till 10.10.1943. Therefore first respondent was asked