( 1 ) THE Court : The petitioner claims to be entitled to pension under the Freedom Fighter's Pension Scheme, now renamed as Swatantrata Sainik Samman Scheme. According to the petitioner a proclamation order was issed against him and to avoid arrest he was compelled to go underground.

( 2 ) HE applied on 13th August, 1981 for such pension on the ground that he had remained underground from October, 1942 to July, 1944. Rabindra Nath Giri, a recognised freedom fighter, certified his application to the effect that the petitioner was bonafide freedom fighter and a proclaimed offender but he went underground for continuance of his services to the country under R. N. Giri's guidance.

( 3 ) THE District Magistrate submitted a Certificate to the State Government to the following effect; "this is to certify on the basis of reports received form the Officer-in-charge of the concerned police station that no relevant records relating to issue of warrants, proclamations and prosecutions during the period 1930-46 are available. "

( 4 ) ACCORDINGLY, by letter dated 20. 12. 89/4. 2. 90 the State Government recommended the petitioner's case for grant of pension to the Government of I