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1995 Supreme(Cal) 173

S.B.SINHA
CHAITNYA CHARAN DAS – Appellant
Versus
STATE OF WEST BENGAL – Respondent


S. B. SINHA, J.

( 1 ) THE petitioners in these applications are said to be the freedom fighters and/or their dependents. They have filed these writ applications praying, inter alia, for a direction upon the respondents to pay freedom fighters' pension under 'swatantrata Sainik Samman Pension Scheme' (hereinafter referred to as 'scheme') with effect from 1-8-1980.

( 2 ) THE basis fact of the matter is not in dispute.

( 3 ) A scheme was initially made by the Central Government with effect from 15/08/1972 providing for grant of pension to living freedom fighters, and their families, if they are no more alive and to the families of martyrs. The minimum amount of pension payable to the eligible candidate was Rs. 200. 00 per month and in the case of families the sum would vary from Rs. 100. 00 to Rs. 200/per month. However not more than one member of a family was to be granted pension.

( 4 ) THE word 'family' includes mother, father, widower, widow, if he/she has not since remarried, unmarried daughters and sons in exceptional cases, where they were unable to establish themselves in life on account of imprisonment/martyrdom of the said freedom fighters.

( 5 ) IT is not necessary to c






























































































































































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