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JYOTI SARAN
Manager Yadav, Son of Late Jairam Yadav – Appellant
Versus
Union of India through the Secretary, Ministry of Home, Freedom Fighter Department – Respondent
1. The petitioner prays for issuance of an appropriate writ in the nature of mandamus commanding the respondents to grant him freedom fighter pension in terms of the Swatantrata Sainik Samman Pension Scheme, 1980.
2. The writ petitioner claims to have participated in the 1942 freedom struggle and was made an accused in a criminal case bearing G.R. No.742/41 (Emperor vs. Vishwanath Prasad and others) registered for the offences punishable under sections 395 and 126 of the Penal Code and section 26(i) (B) of the Defence of India Rules in which 78 others were also made accused. According to the petitioner, he was declared a proclaimed offender and absconder vide order passed on 26.2.1942 by the court of Shri B.S.N. Jha. According to him, he was an absconder for the period 1942 to 1946.
3. The petitioner applied for grant of freedom fighter pension under the Swatantrata Sainik Samman Pension Scheme, 1980 (hereinafter referred to as ‘the Scheme’) in the prescribed proforma, a copy of which is present at Annexure-2. According to the petitioner, he submitted the required papers, copies of which are present at Annexures-1, Annexure-3 and Annexure-3/1 which are the documents support
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