( 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