A freedom fighter who has suffered underground for more than six months to avoid police arrest during the freedom struggle is entitled to pension under the Swatantra Sainik Sanman Pension Scheme, 1980.

( 1 ) THIS writ petition was moved before this Court on behalf of Ramlal Dutta, for freedom fighter, for grant of "swatantra Sainik Sanman Pension" with effect from August 1, 1980.

( 2 ) THE short fact stated in the instant writ petition is as follows: -the petitioner filed an application for grant of pension under Swatantra Sainik Sanman Pension Scheme, 1980, on July 24, 1981. In the said application the petitioner had stated that the petitioner had taken active part in the Non-Cooperation Movement started by Gandhiji. The British people wanted to arrest him for his political activities and he bad to conceal himself and went underground to avoid police arrest. He was also involved in many political work remaining underground for more than six months from the month of August, 1942 till March, 1943,

( 3 ) THE petitioner filed an affidavit dated July 20, 1981, before the learned Executive Magistrate, Barasat, District 24 Parganas (North) with the statements made in the application for grant of pension under the aforesaid Scheme of 1980 and be also filed a certificate granted by one Dulal Mohan Sarkar dated July 17, 1981. The said Dulal Mohan Sarkar, son of late Lalit Mohan Sarkar, a resident of Biplabi Bhavan, South Garia, 24 Parganas, took prominent part in the freedom struggle and he was a freedom fighter and he suffered actual imprisonment for more than five years from 1932 to 1937 and he was under detention in Hijli Jail, District Midnapore.

( 4 ) THE said Dulal Mohan Sarkar certified that the petitioner, Ramlal Dutta, son of late Hiralal Dutta, a resident of Kalyani, formerly a resident of Khulna District, was a bona fide freedom fighter who remained underground for more than six months from the month of August, 1942 till March, 1943 to avoid police arrest when police sought to arrest him for his political actions.

( 5 ) THE present writ petition was moved challenging a communication issued by the Assistant Secretary to the Government of West Bengai, Home (Political P. S. P.) Department, 131/a, Bipin Behari Ganguly Street, Calcutta-12, whereby the writ petitioner, Ramlal Dutta, was informed that considering the application of the writ petitioner that the authorities regretted and refused to recommend the case to the Government of India.

( 6 ) THIS writ petition was admitted by Bbagabati Prasad Banerjee, J. on May 13, 1988, and this writ petition was mentioned before me on February 8, 1990, on behalf of the learned Advocate for the petitioner for early hearing and the writ petitioner was taken up for hearing on February 13, 1990, in presence of the learned Advocates for the respondents, when this Court heard the matter in part and adjourned the same till today.

( 7 ) IN the meantime, Mr. Amal Kumar Basu Choudhury, learned Advocate appearing on behalf of the State of West Bengal, has produced an order containing Memo. No. 2356-HPS/44. 284/82 dated February 14, 1990, issued by the Deputy Secretary to the Government of West Bengal, Home (Political P. S. P.) Department, to the Deputy Secretary, Government of. India, Ministry of Home Affairs; Freedom Fighters' Division, New Delhi, to the following effect -"i am directed to invite your invitation to this office Memo. No. 930/1-HPS dt. 31. 3. 87 wherein prayer of Shri Ramlal Dutta of B-12/43-44 Third Street, P. O. Kalyani, Dist. Nadia, was rejected on the ground that his joining in non-co-operation movement from 1944 to 1946 which is inconsistent with the History of freedom struggle of the country. The rejection was wrongly made as the applicant Shri Datta in his application claimed underground suffering from August, 1942 to March, 1943 and this was certified by Shri Dulal Mohan Sarkar, an eligible certifier. A writ petition has been moved by Shri Datta before Hon'ble Mr. Justice Paritosh Mukherjee of the Calcutta High Court against your rejection order mentioned above. In view of what have been stated above, I am directed to recommend the prayer of Shri R