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IN THE HIGH COURT OF CALCUTTA
Krishna Rao, J.
Narayan Chandra Maiti - Appellant
Versus
Union Of India And Others - Respondent
WPA 6286 of 2016
Decided On : 17-05-2022
Freedom Fighters Pension - Swatantrata Sainik Samman Pension Scheme, 1980 - 1980 Act, Section 4 - The court discussed the eligibility conditions and evidentiary requirements for the Swatantrata Sainik Samman Pension Scheme, 1980, and the acceptability of secondary evidence. It highlighted the importance of Personal Knowledge Certificates issued by veteran freedom fighters and their admissibility as secondary evidence in the absence of official records.
Fact of the Case:
The petitioner filed a writ petition seeking freedom fighters pension under the Swatantrata Sainik Samman Pension Scheme, 1980. The petitioner's application was not recommended by the Government of India due to discrepancies in the certificate of abscondence submitted by the petitioner.
Finding of the Court:
The court found that the Personal Knowledge Certificate issued by a veteran freedom fighter should be accepted as secondary evidence in the absence of official records, as per the provisions of the Swatantrata Sainik Samman Pension Scheme, 1980.
Issues: The main issue was the admissibility of the Personal Knowledge Certificate as secondary evidence for the grant of freedom fighters pension under the Swatantrata Sainik Samman Pension Scheme, 1980.
Ratio Decidendi: The court held that the Personal Knowledge Certificate provided by a veteran freedom fighter should be accepted as secondary evidence in the absence of official records, as per the provisions of the Swatantrata Sainik Samman Pension Scheme, 1980.
Final Decision: The court allowed the petitioner's writ petition and directed the respondent authorities to pay the petitioner Freedom Fighter's Pension under the Swatantrata Sainik Samman Pension Scheme with effect from the date of the petitioner's application for grant of pension.
ORDER
Krishna Rao, J. - The petitioner has filed the instant writ petition for grant of freedom fighters pension under Swatantrata Sainik Samman Pension Scheme, 1980.
2. During 25th Anniversary of Independence, the Central Government to honour the Freedom Fighters who took part in the Freedom Movement of India introduced a Scheme being Freedom Fighters' Pension Scheme, 1972 for grant of pension to the living Freedom Fighters and their family members. As per the scheme, the minimum quantum of pension sanctioned to a freedom fighter be Rs. 200/- per month and in case of families it will vary from Rs.100 to Rs. 200/- in accordance with the size and number of eligible dependants in the family and the pension was admissible only to those who were in need of financial assistance on account of their meagre annual gross income upto the ceiling of Rs. 5,000/-.
3. Subsequently, to extend the benefit of pension to all freedom fighters as a token of Samman, the Government of India introduced a Scheme on 15.08.1981 namely Swatantrata Sainik Samman Pension Scheme, 1980 with effect from 01.08.1980 in place of Freedom Fighter's Pension Scheme, 1972.
4. After introduction of the scheme, the Deputy Secretary to the Government of India vide his letter dt. 12.04.1983 for the purpose of easy reference, consolidated the guidelines in the matter of grant of pension to the freedom fighters and their family members which prescribed that in the absence of official records because of their non-availability, the Personal Knowledge Certificate issued by a veteran freedom fighter who himself had been in jail in connection with the National Freedom Struggle for not less than 5 years would be acceptable to substantiate the claim of abscondence and before relying upon the same it would be necessary for the Government to satisfy itself that the applicant was a genuine freedom fighter and official records for the said period is not available. It is further clarified that the genuineness of the certificate itself has to be verified by making a reference to the jail sufferings of five years, claimed by the certifier and that there is no complaint about indiscriminate certification against him. In case of underground sufferings which are not based on official records should invariably be placed before the State Advisory Committee and the recommendation of the State Government along with the extract of the proceedings of the State Advisory Committee should be forwarded to the Ministry of Home Affairs for further consideration.
5. It was brought to the notice of the Ministry of Home Affairs that in some District freedom fighters with five years jail suffering are not available and the freedom fighters of those Districts are not being able to apply for the Samman Pension under the scheme and accordingly the Deputy Secretary to the Government of India vide letter dt. 21.08.1984 relaxed the required jail sufferings of the certified from five years to two years.
6. In terms of the Swatantrata Sainik Samman Pension Scheme, 1980, the petitioner had applied for the freedom fighter pension along with general Non-Availability of Record Certificate (NARC) issued by the District Magistrate of Midnapore and Personal Knowledge Certificate issued by Shri Sushil Kumar Dhara, an eminent freedom fighter and eligible certifier of District - Midnapore for grant of Swatantrata Sainik Samman Pension.
7. On receipt of the application of the petitioner dt. 14.07.1981, the Assistant Secretary to the Government of West Bengal vide letter dt. 05/14.04.1983 sought for confirmation of the genuineness of the Personal Knowledge Certificate from the certifier Shri Sushil Kumar Dhara and simultaneously it was informed to the petitioner that the application of the petitioner is under consideration.
8. The petitioner noticed that there is some bonafide mistakes in the application regarding participation in the freedom movement, the petitioner vide his application dt. 24.08.1983 prayed for necessary correcti
The main legal point established in the judgment is the admissibility of Personal Knowledge Certificates issued by veteran freedom fighters as secondary evidence for the grant of freedom fighters pen....
The court ruled that Personal Knowledge Certificates from recognized certifiers are valid evidence for pension claims under the Swatantrata Sainik Samman Pension Scheme, even when primary records are....
Acceptance of personal knowledge certificates issued by veteran freedom fighters as secondary evidence under the Swantantrata Sainik Samman Pension Scheme, 1980.
The court emphasized the need for a rational and not a technical approach in dealing with the claims of freedom fighters under the Swatantrata Sainik Samman Pension Scheme, 1980, and highlighted the ....
The necessity of meeting both the evidentiary and eligibility criteria for the Swatantrata Sainik Samman Pension Scheme was stressed, along with the independence of the Central Government's decision ....
The Court emphasized the need for a liberal and not a technical approach in considering the cases of freedom fighters seeking pension, in line with the object of the SSS Scheme, 1980.
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