Belated claim for Freedom Fighters Pension, cannot be granted especially on account of glaring irregularities in filing such claim

A pensioner is seeking a grant of Freedom Fighter's Pension under the Swatantrata Sainik Samman Pension Scheme, 1980 on the ground that he was imprisoned for more than six months from 05.01.1944 to 05.07.1944 during the Quit India Movement.

Whether a particular applicant is entitled to a pension under the Swatantrata Sainik Samman Pension Scheme of 1980, is a matter which is required to be considered having regard to facts and documentary evidence produced in each case. But pensioner failed to produce Non-Availability of Records Certificate (NARC) which was obtained from the Government and his first application was forwarded without any specific recommendation.

The Freedom Fighters Pension Scheme prescribes to file certain documents to authenticate the imprisonment of a claimant as a freedom fighter. The documentary evidence filed by the pensioner is not in compliance with the scheme. When the rejection of said application attained finality, since it was not challenged, the pensioner filed a fresh petition after a lapse of 13 years for grant of pension under the Scheme.

When the scheme is prepared for grant of pension with certain conditions, unless compliance of such conditions is examined by the competent authority, no directions ought to have been issued, directing grant of pension. The order of the High Court granting pension without issuing notice and allowing State authorities to file a counter affidavit to rebut allegations in the petition stands erroneous and is set aside accordingly.

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