Acceptance of personal knowledge certificates issued by veteran freedom fighters as secondary evidence under the Swantantrata Sainik Samman Pension Scheme, 1980.

JUDGMENT

Krishna Rao, J. - The petitioners are the leagal heirs of the deceased Baneswar Bera and Debala Rani Bera. Initially the father of the petitioners had made a representation to the Govt of India for grant of Samman Pension under the Swantantra Sainik Samman Pensionn Scheme,1980 but vide letter dt. 27th March 1996 the Governmentn of India, Ministry of Home Affairs has rejected the calim of the father of the petitioners. The father of the petitioners expired on 8th December 2006 and after the death of the father, the mother of the petitioners had filed the instant writ petition challanging the order dt. 27th March 1996.

2. The instant writ petition was taken up for hearing on 25th January 2016 by this Court and the same was dismissed on the ground of delay. The mother of the petitioners had preferred an appeal against the order of dismissal being FMA No. 2067 of 2016 and the Hon'ble Division bench had set aside the order of the Ld. Single Judge and remanded the matter before this Court by passing following order :

'Affidavit in opposition be filed within a fortnight, reply, if any, be filed in a week thereafter and the matter to appear in the list after four weeks. A request is made by this Court to the Court below to dispose of the matter at the earliest as it involved the Freedom Fighters' Pension scheme and the appellant is a widow of a freedom fighter at present is aged about 82 years. If necessary, the State Government will consider the Village Crime Record as mentioned in the judgment of 1998, namely, Gokul Chandra Panja (supra) only in the interest of justice and for the ends of justice alone and none else. In MAT No. 500 of 2017, an order was passed on November 21, 2017 and the same also be considered by Court below.

3. During the pendency of the instant writ application the mother of the petitioners expired and after the death of mother, the petitioners have been substituted as legal heirs of deceased Baneswar Bera being the sons and daughters.

4. As per the order passed by the Hon'ble Division Bench the respondents no. 1,2 and 3 i.e the Ministry has filed their affidavit in opposition and the petitioners have filed their reply to the said affidavit but the State respondents have not filed their affidavit.

5. The petitioners claim that their father was entitled to pension under the Freedom Fighter's Pension Scheme, now renamed as Swantantrata Sainik Samman Scheme. The fatther of the petitioners was a freedom Fighter who took part in the freedom and for his subersive activities, detention order was issued and to evade arrest the father of the petitioners went underground for the period from October 1942 to December 1943.

6. On 29.11.1981 the father of the petioners applied for the pension under the Scheme along with general non-avaibility of record certificate issued by the District Magistrate, Medinipur and personal knowledge certificate issued by one Shri Sushil Kumar Dhara, an eminent freedom fighter of the District Medinipur.

7. The District Magistrate, Midnipur had issued cerificate certifying that:

'This is to certify on the basis of reports received from the Officer-in-Chargeb of the concern Police Station that no relevant records relating to issue of warrants,proclomation and prosecutions during the period 1930 to 1946 are available.'

8. On 6th November 2011 Shri Sushil Kumar Dhara, Ex. MLA & Ex. Minister (W.B.), Ex. M.P. (Loksabha) & Freedom Figher had certifed that:

'I, hereby certify that Shri Baneswar Bera, S/o Late Sashi Bhusan Bera,resident of village Mirpur in P.S.Mahisalda and District Midinipur(West Bengal) is a bonafide freedom Fifgter who remained underground for fourteen months for the period from October 1942 to December 1943 as he was (iii) one for whose detention orders were issued but he evaded arrest.'

9. The Govt. Of India,Ministry of Home Affairs returned the said application to the father of the petitioners on the following reasons:

(i). The documentry/supportive evidence sent by you along with you