Advocates:
['Dhirendra Kumar', 'SC MANINDRA KISHORE SINGH', 'Ravinder Kumar Sharma', 'SMT CHHAYA MISHRA CGC', 'S D SANJAY ADDL S G', '']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5027 of 2015

======================================================

Vidya Bhushan Singh Son of Late Bujhawan Singh, Resident of village P.O-

Barah, P.S - Harnaut, District -Nalnda, Presently residing at K/E/10 Sendra

Durga Mandir, P.O- Bansjoda, District- Dhanbad Jharkhand.

... ... Petitioner/s

Versus

1.

The Union Of India through the Secretary Department of Home Government

of India, New Delhi.

2.

The Director, Ministry of Home affairs /Grish Mantralaya, Freedom Fighter

Division, Government of I

3.

The State of Bihar, through the chief secretary, Governmentof Bihar Patna.

4.

The principal secretary, Department of Home, Government if Bihar Patna.

5.

The Joint secretary Department of Home Special Government of Bihar

Patna.

6.

The under secretary, Department of Home special Government of Bihar

Patna.

... ... Respondent/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Dhirendra Kumar

For the Respondent/U.O.I.:

Mr. Awadhesh Kumar Pandey, Sr. Panel Counsel

Ms. Chhaya Mishra, C.G.C.

======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL ORDER

4

19-12-2022

The petitioner has filed the present writ application

for grant of freedom fighter pension under the Freedom Fighter

Samman Pension Scheme.

Learned counsel for the petitioner submits that

petitioner participated in the freedom movement in the year

1942 popularly called as Quit India Movement. The petitioner

was also sent to jail and case was registered against him in

which charge sheet was also filed vide charge sheet no. 32 dated

Patna High Court CWJC No.5027 of 2015(4) dt.19-12-2022

2/4

07.11.1942. The name of the petitioner is mentioned at serial no.

27 in the charge sheet. Learned counsel further submits that

respondent no. 6 i.e. Under Secretary, Department of Home

(Special) Govt. of Bihar, Patna vide his letter 734 dated

06.12.2013 has refused to consider the claim of the petitioner

for grant of freedom fighter pension.

No one appears for the State.

From perusal of the supplementary counter affidavit

filed by the State (i.e. respondent nos. 3 to 6) it transpires that

application of the petitioner was considered in the light of the

evidence produced by him in support of his claim and it has

been found that copy of the court records produced by the

petitioner is illegible and co- prisoner certificate is not per as the

guideline issued by Ministry of Home Affairs, Government of

India. Accordingly, the claim of the petitioner has not been

found in conformity with the Rules prescribed under

Swatantrata Senani Samman (for short “SSS”) Pension Scheme.

The petitioner has been informed by the aforesaid letter no. 734

dated 06/12/2013.

Mr. Awadhesh Kumar Pandey, learned senior panel

counsel along with M/s Chhaya Mishra, learned C.G.C. appears

on behalf of the Union of India and jointly submit that for

Patna High Court CWJC No.5027 of 2015(4) dt.19-12-2022

3/4

consideration of the claim of a person for grant of SSS pension

under the Scheme he is required to apply in duplicate on the

prescribed application form. The application duly filled in and

supported with required documents as proof of claim of

suffering should be sent to the Chief Secretary of the concerned

State Government and a copy thereof should be forwarded to the

Deputy Secretary, Government of India, Freedom Fighters

Division, Ministry of Home Affairs, New Delhi as an advance

copy. The claim can be processed only on receipt of verification

report from the State Government and pension is sanctioned

only when such verification report is found to be correct as per

SSS Pension Scheme. His submission is that no such advance

copy of application has been forwarded to the Deputy Secretary

to the Govt. of India by the State Govt.

At this stage, learned counsel for the petitioner

submits that he wil