The main legal point established in the judgment is the ineligibility of the petitioner for the Freedom Fighter Samman Pension under the Swatantra Sainik Samman Pension Scheme, 1980, as determined by the Central Government, and the non-binding nature of the State Government's recommendation. The court also emphasized the impact of the revised guidelines of 2014, specifically point 1.5, which precluded the sanction of pension after the death of the freedom fighter.

JUDGMENT :

1. Heard counsel for the parties.

2. This writ petition has been filed by the petitioner for following reliefs:-

“(i) for issuance of appropriate writ(s) directing the Respondent No. 4 to sanction the Freedom Fighter Samman Pension in favour of the petitioner who is dependent wife of Late Ramchandra Singh prominent Freedom Fighter whose case has been recommended twice by the Respondent State of Bihar vide letter no. 453 dated 21.04.1992 and subsequently, vide letter no. 592 dated 20.09.2014 to the Respondent Union of India who are sitting right over the matter for the reason best known to them.

(ii) for consequently issuance of appropriate writ(s) thereby commanding and directing the Respondent to pay the petitioner current and arrears of Samman pension with interest and costs.

(iii) for grant of any other relief(s).”

3. It is the case of the petitioner that her husband Late Ramchandra Singh was a prominent freedom fighter who remained underground and absconded in connection with Gurua PS Case for his alleged involvement in putting fire on the Guruar Post Office and destructing the Sherghati Bridge in the year 1942 for which he was granted certificate of suffering by abscondence by two prominent freedom fighter namely, Sahdeo Singh and Madan Mohan Singh who certified that Late Ramchandra Singh remained in abscondence with them. The petitioner’s husband possessed the required eligibility for grant of Swatantra Sainik Samman Pension along with the required certificates. The petitioner’s application was placed before the State Advisory Committee in its meeting dated 07.08.1990 of October 1991 and in the said meeting late Ramchandra Singh’s case was recommended from the District-Gaya on 07.02.1992 by the State Advisory Committee. Accordingly, Respondent State of Bihar vide letter no. 453 dated 21.04.1992 recommended the petitioner’s case on the proforma recommendation sheet and recommended the petitioner’s case on the abscondition certificate granted by proforma freedom fighter-cum-MLA Sri Madan Mohan Singh who certified that Late Ramchandra Singh remained absconder from September 1942 to 1946. In spite of recommendation of the State Government and repeated representation, no action was taken on the petitioner’s case for grant of Samman Pension and ultimately, on 21.06.1998 petitioner’s husband Ramchandra Singh died. After death of late Ramchandra Singh petitioner being widow and the dependent started pursuing the matter of Samman Pension before the respondent/State of Bihar vide letter no. 592 dated 29.09.2014 again recommended the case of Late Ramchandra Singh in view of specific recommendation of State Advisory Committee meeting dated 09.10.1991 and the respondent State of Bihar sent its recommendation along with application and other related documents to the respondent Union of India. Lastly, petitioner placed her representation dated 17.10.2014 before the respondent Union of India for sanction of her Samman Pension in view of State recommendation dated 29.09.2014, but in spite of valid recommendation in favour of the husband of petitioner and repeated reminders nothing happened on her representation.

4. Learned counsel for respondent Union of India in reply submits that all persons who took part in freedom movement in some way or the other are not eligible for Samman Pension under the “Swatantra Sainik Samman Pension Scheme, 1980” (the Scheme). Only such freedom fighters are eligible for Samman Pension who fulfills the conditions of the scheme by furnishing the proof of claimed sufferings of the nature and in the manner specified in the scheme itself. He next submits that for claims for the grant of Samman Pension can be considered by the Central Government only when these are duly verified and recommended by the State Government/UT Administrations concerned and no action is, therefore possible on the applications sent directly to the Central Government without routing through the State Government/UT Administration conce