Union Of India & Anr vs Kaushalaya Devi on 15 February, 2007
Counsel appearing on
behalf of the petitioner points out to me the judgment in Kaushalaya
Devi's case (supra) makes a distinction between a situation where
the claim was not granted on the basis that the jail certificate but on
the oral statement of some other detenue then it should be taken as
a circumstance indicating a benefit of doubt in which case, the
pension would be granted from the date of the order. In this case,
the benefit of doubt was not on the issue of imprisonment at all. The
doubt which the Union had raised was with reference to the age
which had been observed in the order of this Court as a false bogey
for a rejection of the claim. The reasoning adopted in the order
passed by this Court would reveal that there was no doubt regarding
his status as a freedom fighter which was borne out clearly through
the jail record that gave the details of imprisonment, the name of the
person and the identity of the person with reference to father's name
as well. The Union was taking up a contention that age certificate
was not there and therefore the identity was not clearly established.
This cannot be taken to be really a benefit of doubt which was to be
CM No. 3580-CWP of 2014 in 4
CM No. 659 of 2014 in
CWP No. 18124 of 2011
apprised requiring the forensic skills of Court's endeavour. It was
simply a case of the Union's show of apathy which this Court has
found fault with and has allowed the petition. I will see the
circumstance emanating in this case ought not to be taken as a claim
which was allowed by the Court on the basis of giving a benefit of
doubt. On the other hand, I have held in the order that there existed
no doubt at all and the Union's stand was not correct. I therefore
hold that the order which did not spell out clearly from which date the
pension must be reckoned requires to be clarified and I do so here
through this order directing that the reckoning shall be done from the
date of the applicant providing proof of imprisonment through the Jail
certificate. The date of receipt of the Jail certificate in the office of the
Union shall therefore be the date from when the reckoning must be
done.