IMPORTANT POINT
In appreciating Freedom Fighters Pension Scheme, 1972 for the benefit of freedom fighters a rational and not a technical approach is required to be applied. Once on the basis of evidence it is probablished that the claimant had suffered imprisonment for the cause of the country and during the freedom struggle, a presumption is required to be drawn in his favour unless the same is rebutted by cogent, reasonable and reliable evidence.

Headnote:Freedom Fighters Pension Scheme, 1972-Appellant was granted pension under it for serving Indian National Army in Thailand and having suffered imprisonment being a driver in INA-Later it was cancelled on hyper technical grounds when appellant asked grant of pension from date of application i.e. 13-3-1973 instead of 29.4.98 fixed by respondents-Whether approach of respondents was correct? (No)-Standard of proof required is not that of a criminal case but of preponderance of probabilities-1993 Suppl. (3) SCC 2 followed-Appeal allowed-Pension though fixable from date of application but in this case fixed from date of appellant s petition to High Court to meet ends of justice-Payment directed in six weeks, failing interest allowed-Appeal allowed accordingly with costs.
       Held : The scheme was introduced with the object of providing grant of pension to living freedom fighters and their families and to the families of martyrs. It has to be in mind that millions of masses of this country had participated in the freedom struggle without any exceptation of grant of any scheme at the relevant time. It has also to be kept in mind that in the partition of the country most of citizens who suffered imprisonment were handicapped to get the relevant record from the jails where they had suffered imprisonment. The problem of getting the record from the foreign country is very cumbersome and expensive. Keeping in mind the object of the scheme, the concerned authorities are required that in appreciating the scheme for the benefit of freedom fighters a rationale and not a technical approach is required to be adopted. (Para 6)
       The standard of proof required in such cases is not such standard which is required in a criminal case or in a case adjudicated upon rival contentions or evidence of the parties. As the object of the scheme is to honour and to mitigate the sufferings of those who had given their all for the country, a liberal and not a technical approach is required to be followed while determining the merits of the case of a person seeking pension under the scheme. It should not be forgotten that the persons intended to be covered by scheme have suffered for the country about half a century back and had not expected to be rewarded for the imprisonment suffered by them. Once the country has decided to honour such freedom fighters, the bureaucrats entrusted with the job of examining the cases of such freedom fighters are expected to keep in mind the purpose and object of the scheme. The case of the claimants under this scheme is required to be determined on the basis of the probabilities and not on the touch-stone of the test of beyond reasonable doubt . Once on the basis of the evidence it is probabilised that the claimant had suffered imprisonment for the cause of the country and during the freedom struggle, a presumption is required to be drawn in his favour unless the same is rebutted by cogent, reasonable and reliable evidence. We have noticed with disgust that the respondent Authorities have adopted a hyper-technical approach while dealing with the case of a freedom fighter and ignored the basic principles/objectives of the scheme intended to give the benefit to the sufferers in the freedom movement. The contradictions and discrepancies, as noticed herein above, cannot be held to be material which could be made the basis of depriving the appellant of his right to get the pension. The case of the appellant has been disposed of by ignoring the mandate of law and the Scheme. The impugned order also appears to have been passed with a biased and close mind completely ignoring the verdict of this Court in Mukund Lal Bhandari s case. We further feel that after granting the pension to the appellant, the respondents were not justified to reject his claim on the basis of material which already existed, justifying the grant of pension in his favour. The appellant has, unnecessarily, been dragged to litigation for no fault of his. The High Court has completely ignored its earlier judgments in CWP No. 3790 of 1994 entitled Mohan Singh v. Union of India decided on 1.6.1995 and CWP 14442 of 1995 decided on 11.12.1995. We are satisfied that the order of the respondent Authorities impugned before the High Court (Annexure P-14) dated 1.11.2000 is liable to be set aside and the appellant entitled to the grant of relief of pension. However, keeping in view the lapse of time and peculiar circumstances of the case, we are not inclined to grant him the pension with effect from 12.3.1973 as claimed and feel that the ends of justice would be met if the appellant is granted pension with effect from March, 1996 when he was forced to file Writ Petition No.12350 of 1996. Accordingly the appeal is allowed by setting aside the order of the High Court impugned in this appeal and the order of the respondents dated 1.11.2000 (Annexure P-14). The appellant is held entitled to the grant of pension by the State of Punjab and the Union Government as determined vide Annexures P-9 and P-10 but with effect from March, 1996. The arrears shall be calculated and paid to the appellant positively within a period of six weeks from today, failing which he is held entitled to interest at the rate of 12% per annum from March, 1996 till the date, arrears are actually paid. The appellant is also held entitled to the payment of costs quantified at Rs. 5,000/-. (Paras 6, 7, 8, 9 & 10)

JUDGMENT

Sethi, J.-Leave granted.

2. The appellant who claims to be a freedom fighter states to have been subjected to harassment and embarrassment by the respondent Authorities for his fault of preferring claim for the grant of pension under the scheme known as Freedom Fighters Pension Scheme, 1972 (hereinafter referred to as "the Scheme"). After he succeeded, with the assistance of judicial process, in obtaining an order for the grant of pension at the rate of Rs.3000/- per month with effect from 29th April, 1998 (Annexure P-1), he was deprived of the same allegedly for his fault of again approaching the court for the grant of aforesaid pension with effect from the date of his application in terms of the mandate of this Court in Mukund Lal Bhandari & Ors. v. Union of India & Ors.1. The respondent-Union of India not only cancelled the pension sanctioned in favour of the appellant but also directed the recovery of the amounts paid to him in pursuance to the earlier orders passed in his favour. His petition for redressal of grievances was dismissed by the High Court vide the impugned order, allegedly on the ground of there being disputed questions of fact.

3. The facts emerging from the documents filed with this appeal are that the appellant, claiming to be a freedom fighter, preferred a claim for the grant of pension vide his letter dated 13.3.1973. In support of his claim, the appellant produced a copy of the driving license issued in Thailand. It is pertinent at this stage to note that the appellant had claimed to be a driver in the Indian National Army (hereinafter referred to as "INA") raised by Netaji Subhash Chander Bose. As no action was taken, he sent a reminder on 20.8.1974 to the Secretary, Ministry of Home Affairs, Government of India. In response to the information sought to be furnished in terms of the letter of the respondent dated 7th September, 1974, the appellant sent the requisite proforma on 9.2.1975. On 11.2.1977, the appellant also sent his personal affidavit mentioning the names of the detention camps in Bangkok and Singapore where he was kept as INA prisoner of war for more than six months. He also sent two affidavits of the co-prisoners who were also detained in the said prison, besides furnishing of photostat copy of the INA driving license No.13/1206. The appellant despatched, in original, the certificate issued in his favour by Captain Bishan Singh Sanghai of INA regarding his training in weapon in 4th company of the INA. Despite furnishing of all information, his case was rejected by the Director, Ministry of Home Affairs on 7.4.1995 (Vide Annexure P-7). As despite service of notice he was not granted the relief, the appellant was forced to file a Writ Petition No. 12350 of 1996 in the High Court which was disposed of by setting aside the impugned order (Annexure P-7) with a direction to the respondents to re-decide his case in the light of the documents produced in the High Court. Thereafter he appeared before the concerned authorities. The Government of Punjab vide its order dated 29th April, 1998 accorded the grant of provisional Swatantrata Samman Pension to the appellant at the rate of Rs.1500/- per month w.e.f. 25.4.1998 (Annexure P-9). It was mentioned in the aforesaid order that the pension will be for the life time of the recipient and would be in addition to the pension, if any sanctioned by the Central Government. The Central Government vide its order dated 22nd May, 1998 (Annexure P-10) also conveyed to the appellant the sanction of the President to grant him provisional pension at the rate of Rs. 3000/- per month with effect from 29.4.1998. It was provided that the pension shall before the life time of the recipient and be in addition to the pension, if any, sanctioned by the State Government.

4. Not satisfied with the grant of pension with effect from 29.4.1998, instead of from the date of the application i.e. 12.3.1973, the appellant filed Writ Petition No

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2001 Supreme(SC) 1331

Cases Referred (1)