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 supporting the claim and which were verified by the Bihar State Freedom Fighter Advisory Committee, Patna approving the claim. The claim of the petitioner was forwarded by the Director –cum- Joint Secretary, Home (Special) Department vide letter bearing Memo No.1404 dated 18.4.1985, a copy of which is present at Annexure-4 but remained pending with the Ministry of Home Affairs, Freedom Fighters Department, Government of India. The petitioner represented before the respondents and according to the petitioner, the Government of India in its Ministry of Home Affairs, Freedom Fighter Department dated 5.9.2014 called for papers from the State Government which was responded to by the Deputy Secretary, Home (Special) Department vide his letter dated 29.5.2015 present at Annexure-5, whereby he informed the Ministry that the application of the petitioner in its original and the other documents viz, personal knowledge certificate and the order of the State Level Advisory Committee, duly verified, had already been sent on 18.4.1985 (incorrectly mentioned as 18.4.1995) with recommendations for payment of freedom fighter pension. The Deputy Secretary, however, accepting the request has again forwarded the second copy of the application form and other documents in original with recommendation for payment of freedom fighter pension to the petitioner.

4. The Deputy Secretary, Government of India, Ministry of Home Affairs vide his letter dated 17.6.2015 while acknowledging the receipt of the letter dated 29.5.2015 of the State Government has stated that the documents accompanying are not in accordance with the documents required in the letter of the Ministry of Home Affairs dated 8.9.2014 and thus the State Government was requested to send attested copies of the earlier recommendations with fresh recommendation in terms of the pension scheme. The letter of the Government of India was again responded to by the Deputy Secretary, Home (Special) Department, Government of Bihar vide letter dated 10.9.2015 forwarding the photo copies of the documents so desired by the Government of India which included the application form filed by the petitioner, the court records, the attested copy of court records, the personal knowledge certificate, the order of State Level Advisory Committee and the earlier recommendation bearing letter no.1404 dated 18.4.1985. A copy of the letter is present at Annexure-7. The Government of India in its Ministry of Home Affairs, Freedom Fighters Department, yet not being satisfied by the response, again directed the Home (Special) Department of the Government of Bihar to send duly attested/countersigned papers of the petitioner. This letter dated 14.10.2015 of the Government of India present at Annexure-8 was responded to by the Deputy Secretary, Home (Speci