MOHIT KUMAR SHAH, J.:–The present writ petition has been filed for quashing the letter dated 15.12.2014, whereby and whereunder the case of the petitioner for grant of Swatantra Senani Sammaan Pension (hereinafter referred to as the ‘SSS Pension’), has been rejected. It is also prayed that the petitioner be granted SSS Pension.

2. The learned counsel for the petitioner has submitted that the petitioner had participated in the freedom movement in the year 1942 for which he had remained in custody from 02.10.1942 to 02.04.1943. It is submitted that the petitioner had filed an application dated 31.07.1981 before the Secretary, Home Department (Special), Government of Bihar for grant of freedom fighter pension and since then he has been pursuing his case for grant of SSS Freedom Fighter Pension but his case has been rejected arbitrarily by the impugned letter dated 15.12.2014.

3. Per contra, the learned counsel for the respondent nos. 1 & 2 has submitted that not all persons who took part in freedom movement in some way or the other are eligible for SSS Pension but only those are eligible for the same who fulfill the conditions of the Swatantra Sainik Samman Pension Scheme, 1980 by furnishing proof of claimed sufferings and in the manner specified in the scheme itself. It is submitted that for the purposes of grant of Samman Pension under the SSS Yojana, the requisites qua a freedom fighter are as follows:—

“a. A person who had suffered minimum imprisonment of six months in the mainland jails before independence. Ex-INA personnel are also eligible for pension if the imprisonment/detention suffered by them was outside India for six months or more. In case of women and SC/ST freedom fighters, the minimum period of actual imprisonment for eligibility is three months.

b. A person who on account of his participation in freedom struggle remained underground for six months or more provided he was:

i. a proclaimed offender; or

ii. one on whom an award for arrest/head was announced; or

iii. one whose detention order was issued but not served.

iv. Voluntary underground suffering or self-exile for party work under the command or the party leaders is not covered as eligible sufferings for pension under the Scheme.

c. A person who on account of participation in the freedom struggle was interned in his home or externed from his district under the orders of the competent authority for six months or more.

d. A person whose property was confiscated or attached or sold due to participation in the National Freedom Struggle under the orders of the competent authority.

e. A person who was permanently incapacitated during firing or lathi charge.

f. A person who lost his Government job (Central or State Government, including job in local bodies) and thus was deprived from the means of livelihood for participation in the National Freedom Struggle.

g. A person who was awarded the punishment of 10 strokes of caning/flogging/whipping.

4. The learned counsel for the respondent nos. 1 & 2 has further submitted that the applicant is also required to furnish the following documents:—

“a. In case of imprisonment a certificate from the concerned jail authority, District Magistrate or the State Government indicating the period of sentence awarded, date of admission, date of release, facts of the case and reasons for release.

b. In case the records of the relevant period are not available with the State Government, a Non-Availability of Records Certificate (NARC) in prescribed format from the concerned State government is required along with two Co- Prisoner Certificates (CPC) from freedom fighters who had a proven jail sufferings of minimum 1 year and who were with the applicant in the jail for a minimum period of six months. In case the certifier happens to be a sitting M.P. or MLA or Ex. M.P./M.L.A., only one Co-Prisoners Certificate in place of two is required.

c. For claims of underground suffering, documentary evidence by way of Court’s/Government’s order proclaiming the appl