Calcutta High Court
Ramlal Dutta vs Under Secretary To The Govt. Of India And ... on 19 February, 1990
Equivalent citations: (1990)2CALLT7(HC)
JUDGMENT Paritosh Kumar Mukherjee, J.
1. This writ petition was moved before this Court on behalf of Ramlal Dutta, a freedom fighter, for grant of "Swatantra Sainik Sanman Pension" with effect from August 1, 1980.
2. The short fact stated in the instant writ petition is as follows :- The petitioner filed an application for grant of pension under Swatantra Sainik Sanman Pension Scheme, 1980, on July 24, 1981. In the said application the petitioner had stated that the petitioner had taken active part in the Non-Cooperation Movement started by Gandhiji. The British people wanted to arrest him for his political activities and he had to conceal himself and went underground to avoid police arrest. He was also involved in many political work remaining underground for more than six months from the month of August, 1942 till March, 1943.
3. The petitioner filed an affidavit dated July 20, 1981, before the learned Executive Magistrate, Barasat, District 24 Parganas (North) with the statements made in the application for grant of pension under the aforesaid Scheme of 1980 and he also filed a certificate granted by one Dulal Mohan Sarkar dated July 17, 1981. The said Dulal Mohan Sarkar, son of late Lalit Mohan Sarkar, a resident of Biplabi Bhavan, South Garia, 24 Parganas, took prominent part in the freedom struggle and he was a freedom fighter and he suffered actual imprisonment for more than five years from 1932 to 1937 and he was under detention in Hijli Jail, District Midnapore.
4. The said Dulal Mohan Sarkar certified that the petitioner, Ramlal Dutta, son of late Hiralal Dutta, a resident of Kalyani, formerly a resident of Khulna District, was a bona fide freedom fighter who remained underground for more than six months from the month of August, 1942 till March, 1943 to avoid police arrest when police sought to arrest him for his political actions.
5. The present writ petition was moved challenging a communication issued by the Assistant Secretary to the Government of West Bengal, Home (Political P.S.P.) Department, 13I/A, Bipin Behari Ganguly Street, Calcutta-12, whereby the writ petitioner, Ramlal Dutta, was informed that considering the application of the writ petitioner that the authorities regretted and refused to recommend the case to the Government of India.
6. This writ petition was admitted by Bhagabati Prasad Banerjee, J. on May 13, 1988, and this writ petition was mentioned before me on February 8, 1990, on behalf of the learned Advocate for the petitioner for early hearing and the writ petitioner was taken up for hearing on February 13, 1990, in presence of the learned Advocates for the respondents, when this Court heard the matter in part and adjourned the same till today.
7. In the meantime, Mr. Amal Kumar Basu Choudhury, learned Advocate appearing on behalf of the State of West Bengal, has produced an order containing Memo. No. 2356-HPS/44.284/82 dated February 14, 1990, issued by the Deputy Secretary to the Government of West Bengal, Home (Political P.S.P.) Department, to the Deputy Secretary, Government of India, Ministry of Home Affairs, Freedom Fighters' Division, New Delhi, to the following effect:-
"I am directed to invite your invitation to this office Memo. No. 930/1 HPS dt. 31.3.87 wherein prayer of Shri Ramlal Dutta of B-12/43-44 Third Street, P.O. Kalyani, Dist. Nadia, was rejected on the ground that his joining in non-co-operation movement from 1944 to 1946 which is inconsistent with the History of freedom struggle of the country.
The rejection was wrongly made as the applicant Shri Datta in his application claimed underground suffering from August, 1942 to March, 1943 and this was certified by Shri Dulal Mohan Sarkar, an eligible certifier.
A writ petition has been moved by Shri Datta before Hon'ble Mr. Justice Paritosh Mukherjee of the Calcutta High Court against your rejection order mentioned above.
In view of what have been stated above, I am directed to recommend the prayer of Shri Ramlal Datta for SSS Pension on the basis of his prayer and the certificate produced (copies enclosed).
Your early sanction order will be highly appreciated as it is involved in a High Court case."
8. In view of the aforesaid order, there cannot be any impediment on the part of the respondent Union of India and its Under-Secretary, Ministry of Home Affairs, Freedom Fighters' Division, New Delhi, to issue a formal order granting pension in favour of the writ petitioner with effect from August 1, 1980, in terms of the representation forwarded by the writ petitioner.
9. Mr. Pradip Kumar Mitra, learned Advocate for the writ petitioner, at the final hearing of the writ petition, has produced a decision of the Himachal Pradesh High Court in the case of Girdhari Lal v. Union of India & Am., wherein a Division Bench of the said High Court held freedom fighter who was detained on account of participation in the Praja Mandal Movement would be entitled to the benefit of pension under clause (g) irrespective of the term of detention.
10. Mr. Mitra also produced a Book on "Bharater Swadhinata Sangramay Jessor-O-Khulna" and the name of the writ petitioner Ramlal Dutta has been printed at page 397 of the said book to the effect that he was involved in the non-cooperation movement in the District of Khulna and he suffered imprisonment during 1930 by reason of involvement in the non-cooperation movement and at present he is residing at the township of Kalyani in the State of West Bengal.
11. Having heard all the parties, I set aside the earlier decision of the Under-Secretary to the Government of India, whereby the said authority was not inclined to consider the prayer for grant of "Swatantra Sainik Sanman Pension" on the alleged ground that the petitioner's case has not been recommended by the State Government, in view of the availability of the subsequent recommendation as contained in Memo. No. 2356-HPS/44, 284/ 82 dated February 14, 1990, quoted as aforesaid.
12. In view of the favourable recommendation of the State Government, I find there could not be any reason for deferring the claim for grant of pension under the aforesaid Scheme to writ petitioner. Further, in view of the fact that the petitioner is at present aged about 84 and that he should get the benefit of the pension during his life time, it is desired that the respondent Under-Secretary to the Government of India, (Home) Freedom Fighters' Division, New Delhi, will pass the order according sanction of the pension forthwith, preferably within a period of two months from communication of this order, and to pay all arrears of pension and other benefits in terms of the said Scheme in accordance with the recommendation of the Government of West Bengal.
13. The writ petition is allowed, as above. There will be no order for costs.
Let a plain copy of this order countersigned by the Asstt. Registrar (Court) be given to the learned Advocate for the petitioner on his undertaking to apply for and obtain a certified copy of the same for communication to the authorities concerned for compliance.