Heard Mr. N. Dhar, learned counsel for the petitioner, Ms. B. Sarma, learned CGSC appearing for the Union of India respondents, Mr. G. Pegu, learned State Counsel appearing for the State respondents and Mr. R.K. Talukdar, learned Counsel appearing for the Accountant General.

2. The petitioner is a woman aged about 82 years, who seeks for a compensation applicable to widows of the Freedom Fighters under a scheme called Swatantra Sainik Samman Pension Scheme (in short SSS Pension Scheme). Being a widow of a Freedom Fighter, the petitioner is presently receiving some pension under a State scheme of the Government of Assam. But, however, the petitioner feels that she is also entitled to some further pension under the aforesaid SSS Pension Scheme. Accordingly, the petitioner had preferred an earlier writ petition being Civil Rule No.1045/1998, which was disposed of by a judgment and order dated 05.04.2005, wherein, it was provided that the State respondents shall immediately place the necessary and relevant records before the Central Government for considering as to whether the petitioner is to be paid the aforesaid pension.

3. Accordingly, on the same being complied with and all the necessary materials having been placed before the Central Government, the order dated 05.07.2006 was issued by the Government of India, Ministry of Home Affairs. By the said order of 05.07.2006, it was provided that in order to be qualified for pension under the said SSS Pension Scheme, the concerned person would have to undergo imprisonment for a period of six months, which is reduced to three months in case of women Freedom Fighter on account of having participated in the freedom struggle.

4. As per the scheme, two kinds of evidences are sought for in order to establish that such imprisonment had been undergone. First is a primary evidence comprising of an imprisonment/detention certificate from the concerned Jail Authority/District Magistrate or the State Government and the second is a secondary evidence in the form of a certificate by two co-prisoners who are also Freedom Fighters and had undergone a minimum of one year of imprisonment for having participated in the freedom struggle.

5. By the order of 05.07.2006, the application of the petitioner for the aforesaid pension was rejected and one of the g rounds for such rejection is that in the absence of the primary evidence, a valid NARC (non availability of record certificate) having all the ingredients prescribed therein is required from the State Government.

6. In this writ petition, Mr. N. Dhar, learned counsel for the petitioner raises an issue that the petitioner has been deprived of her pension under the SSS Pension Scheme for the reason that the State Government authorities have not issued the aforesaid NARC to the petitioner. For the present, the learned counsel for the petitioner does not raise any other ground in this writ petition.

7. This Court is of the considered view that the aforesaid grievance of the petitioner can be met with a direction to the State respondent authorities to give a due consideration to the claim of the petitioner for a NARC. In the event, the petitioner is entitled to any such NARC, the said certificate should be granted to the petitioner and in the event, the petitioner is not entitled, specific reasons thereof should be stated.

8. The respondent No.3, being the Chief Secretary to the Government of Assam is to cause a consideration to be given by an appropriate officer in the Home Department to arrive at a conclusion as to whether the petitioner is entitled to a NARC. The concerned officer designated by the Chief Secretary shall duly consider the claim of the petitioner for a NARC and upon giving a deliberation to the same, shall pass an order either granting the said certificate to the petitioner or if the same is to be refused, shall give specific reasons thereof.

9. In the event, such certificate is granted, the same shall be duly informed a