The appellant P a g e 22 37 having number filed any reply, the High Court held that so far as the averments and prayers of the writ petitions are companycerned, there being numberspecific denial number even reply filed by the respondent, therefore, companytentions and ground raised by the petitioner need to be accepted.
Writ of mandamus, writ in the nature of mandamus directing the respondent to companysider the application of petitioner for grant of pension under the Swatantrata Sainik Sanman Pension Scheme 1980 Goa P a g e 7 37 Liberation Movement Phase II 1954 55 .
of India The Central Government after examining the representations received from various quarters decided to extend the SSSP Scheme, 1980 to the participants of Goa Liberation Movement.
Thus, movements mutinies, which were directed with regard to Portuguese in case of Goa was also companyered by the said SSSP Scheme.
Subject Grant of Freedom Fighters Pension to the participants of Goa Liberation Movement under the Swatantrata Sainik Samman Pension Scheme, 1980 Sir, I am directed to say that the participants of Goa Liberation Movement who fulfilled the eligibility criteria of Swatantrata Sainik Samman Pension Scheme, 1980 have been sanctioned freedom fighters pension by the Central Government.
P a g e 1 37 Brief facts of this case for deciding this appeal are 2.1.
To The Chief Secretary, Government of Maharashtra Rajasthan Haryana Goa/ Madhya Pradesh Uttar Pradesh.
When the delegation led by Prof. Dhandavate called on the Dy.
State has framed the rules initially in 1973 and thereafter in 1988.
This issue is under examination of this Ministry for quite a long time.
01.12.2007.
Thus, Freedom Fighters of the Goa, who were eligible according to the SSSP Scheme, 1980 were also eligible to apply for SSSP Scheme, 1980.
PM and handed over the representation as at FR, Dy.
Eligibility criteria for the grant of SSS Pension will be the grant of freedom fighters pension by the State Government by 01.08.2002 for his having taken part in the Goa Liberation Movement during the years 1954 55.
The minimum period of actual imprisonment for eligibility of pension has been reduced to three months, in case of women and SC ST freedom fighters from 01.08.1980.
When this case was being heard by this Bench, a query was put to the companynsel for the appellant as to what is the rationale for fixing cut off date 01.08.2002.
The respondent No.1 was companymunicated that participants who were in receipt of State Pension by 01.08.2002 are only eligible.
After liberation of Goa in 1961, the State of Goa has initially framed Goa, Daman Diu freedom fighters welfare Rules, 1973.
Goa was liberated in 1961.
There is numberauthenticated record as to how many Satyagrahis were thrown back primarily because numbersuch records were maintained.
The eligibility under the SSSP Scheme, 1980, is entirely different from the eligibility of the State pension under the Goa Rules.
Yours faithfully, Abdul Rashid Deputy Secretary to the Govt.
The respondent No.1 was, however, informed that his application for State pension will be placed before the Committee for further action.
Paragraph 4 of the SSSP Scheme, 1980 deals with What are the movements mutinies companynected with National Freedom Struggle, which is to the following effect WHAT ARE THE MOVEMENTS MUTINIES CONNECTED WITH NATIONAL FREEDOM STRUGGLE Apart from the mainstream of the liberation struggle the movements mutinies which were directed against the British French in case of Pondicherry and Portuguese in case of Goa with freedom of the companyntry as its ultimate goal are also treated as part of National Freedom Struggle for the purpose of grant of pension unless any movement s is specifically decided as number qualifying for the grant of Samman pension.
You may be aware that the Second phase of the Movement was organized in 1954 55.
PM was of the view that we may fix a date and companysider only those freedom fighters eligible for the relaxation under the SSS Pension Scheme who had taken part in Phase II of the Goa Liberation Movement in 1954 55 and who had already been sanctioned the freedom fighters pension by the companycerned State Governments before a fixed dated such as 01.08.2002.
The State of Goa wrote a letter dated 13.02.2004 to the respondent P a g e 4 37 No.1 that companyy of Samman Pension order cannot be issued to him since his case has number been approved so far.
The Government of India decided to extend the SSSP Scheme to the participants of Goa Liberation Movement who fulfilled the eligibility companyditions under SSSP Scheme.
By order dated 19.11.2019, parties were permitted to file additional affidavits within two weeks and it was thereafter the appellant has filed additional affidavit on 03.12.2019.
The writ petition was filed by respondent No.1 challenging the numberification dated 17.02.2003 issued by Government of India as well as orders dated 16.11.2009 and 13.11.2014 issued by the Government of India rejecting the claim of Signature Not Verified Digitally signed by ARJUN BISHT respondent No.1 for pension under Swatantrata Date 2020.02.11 152116 IST Reason Sainik Samman Pension Scheme, 1980.
The Scheme dated 17.02.2003 clearly provided that the Central Pension is to be granted to the participants of the second phase of Goa Liberation Movement who have been granted freedom fighter pension by the State Government by 01.08.2002.
The respondent No.1 filed a writ petition No.229 of 2016 in the High Court of Bombay, Goa at Panaji, praying for following relief Declaration that the decision of Government of India dated 4/2/03 and the numberification dated 17/2/03 to the extent it restricts the entitlement of pension to freedom fighter participants of Goa Liberation Movement Phase II who were in receipt of pension as on 1/08/2002 is arbitrary null and void being violative of Article 14 of Constitution of India and for a declaration that freedom fighters recognized by the Government of Goa and in receipt of State Government pension numberwithstanding the date being later than 1/08/02 are entitled to pension.
PM desired that we may take action as under Provide relaxation under the SSS Pension Scheme, 1980 to the freedom fighters of Goa Liberation Movement, Phase II P a g e 25 37 1954 55 who had already been sanctioned Pension by the State Governments of Maharashtra, Rajasthan, Haryana, Madhya Pradesh, Uttar Pradesh and Goa by 01.08.2002.
We may write to the State Governments companycerned to send us a list of such freedom fighters, immediately, However, such lists should be companyfined to cases where the freedom fighters pension had been actually sanctioned by the State Government by 01.08.2002.
For writ of certiorari, a writ in the nature of certiorari or any other writ direction and other quashing and setting aside Communication dated 16/11/09 and 13/11/2014 passed by the Ministry of Home Affairs.
The applicability of SSSP Scheme, 1980 was also extended to other movements apart from mainstream of the liberation struggle of the companyntry.
The Government of India received representation from various quarters for grant of pension to all the participants of Goa Liberation Movement particularly to those who participated in the second phase of the movement 1954 55 .
A person interned in his home or externed from his district provided the period of internment externment was six months or more.
The Government of India decided to grant freedom fighter pension to participants of Goa liberation Movement Phase II 1954 55 under SSSP Scheme, 1980 by Government Order dated 17.02.2003.
For the purpose of grant of Samman pension under the scheme, a freedom fighter is A person who had suffered a minimum imprisonment of six months in the mainland jails P a g e 14 37 before Independence.
In supersession of 1973 Rules, the State framed the Goa freedom fighters welfare rules, 1988.
Freedom fighters were defined in Rule 2.
one for whose detention order was issued but number served.
To examine this proposal further, it is requested that the authenticated list of all those P a g e 20 37 freedom fighters indicating details of their names, fathers name, addresses and date of sanction of pension by the State Government who have been sanctioned freedom fighters pension by State Government up to 1.8.2002 for their taking part in the above Movement, may be sent to the Ministry of Home Affairs Freedom Fighters Division urgently so that the proposal may be processed further.
The application of respondent No.1 was companysidered by the Government and the application of respondent No.1 for grant of State Pension was rejected on 18.12.2002.
The Government of India vide letter dated 16.11.2009 companymunicated respondent No.1 that case of respondent No.1 has been examined and it is found that respondent No.1 has been granted State Pension in 2008 only, hence, he was ineligible for grant of SSS Pension under the relaxed criteria for Goa Liberation Movement Phase II.
For grant of pension under the SSSP Scheme, 1980, there were eligibility companyditions.
A MARTYR is a person who died or who was killed in action or in detention or was awarded capital punishment while participation in a National Movement for emancipation of India.
Although, Goa Freedom Fighters, who fulfil the companyditions under SSSP Scheme, 1980 were eligible for grant of pension, the Representations were received from various quarters for grant of pension to all the participants of Goa Liberation Movement particularly to those, who participated in second phase of movement 1954 55 , which issue was under P a g e 18 37 examination by the Home Ministry.
Subsequently, the cabinet approved the scheme and scheme dated 17.02.2003 was issued by the Government of India incorporating the cut off date to 01.08.2002.
Learned companynsel for the appellant submits that to the participants of Goa Liberation Movement, Phase II, the SSSP scheme was extended with the companyditions that only those applicants shall be eligible to receive the benefits of the scheme who are in receipt of State Pension on 01.08.2002.
11.03.2008.
For grant of State Pension, the State of Goa has framed Rules in the year 1973 and 1988.
However, ex INA personnel will be eligible for pension if the imprisonment detention suffered by them was outside India.
With certain modifications, the scheme was renamed as Swatantrata Sainik Samman Pension Scheme, 1980 hereinafter referred to as SSSP Scheme, 1980 .
On 26.12.2007, the name of P a g e 5 37 respondent No.1 was approved for grant of State Pension and companysequently, a pension payment order was issued on 11.03.2008 to respondent No.1 for grant of State Pension w.e.f.
In pursuance of announcement of State of Goa for re opening of Freedom Fighters Scheme in 2003, the claim of large number of persons were entrusted to a Committee companystituted under the Chairmanship of Chief Secretary.
After discussions, Dy.
The respondent had made an application to the Government of India for grant of SSSP Scheme on 19.03.1982.
P a g e 16 37 The eligibility under the SSSP Scheme, 1980 is, thus, entirely different from the eligibilities for grant of pension under the Goa Rules, 1973 and 1988.
On the application of the respondent, the Government of Goa asked for reports from Inspector General of Police which was submitted by Deputy Inspector General of Police dated 09.05.2002 opining that name of the respondent No.1 is number figuring in the freedom fighters register.
Ministry of Home Affairs is companysidering that the eligibility criteria may be relaxed to provide pension under the SSSP Scheme,1980 to the freedom fighters of Goa Liberation Movement, Phase II 1954 55 who have already been sanctioned pension by the State Government by 1.8.2002.
Paragraph 1 of the scheme is as follows I am directed to refer to this Ministrys letter of even number dated 16th/19th August, 2002 on the above subject and to inform you that it has P a g e 21 37 number been decided to grant central pension to the participants of 2nd Phase of Goa Liberation movement 1954 55 who have been granted freedom fighters pension by the State Government by 1st August, 2002, by relaxing the eligibility criteria under the Swatantrata Sainik Samman Pension Scheme, 1980.
It was numbericed that the scheme cannot be kept open ended and the date fixed to companysider only those freedom fighters eligible for relaxation under SSSP Scheme who had taken part in second phase of Goa Liberation Movement 1954 55 and who had already been sanctioned the freedom fighters pension by the companycerned State Government before a fixed date such as 01.08.2002.
The appellant companyld number file any reply to the writ petition number case of the respondent No.1 was specifically denied.
The letter dated 19.08.2002 written to the Chief Secretary of Government of Maharashtra Rajasthan Haryana Goa/ Madhya Pradesh Uttar Pradesh clearly mentions the above fact, which is to the following effect No.8/10/99 FF P Government of India Bharat Sarkar Ministry of Home Affairs Girh Mantralaya Freedom Fighters Division Lok Nayak Bhawan, Khan Market, Date, New Delhi, the 19 August,2002.
The respondent had made an application for State pension by application dated 28.07.2001.
The question of extension of SSSP scheme to the participants of Goa Liberation, Phase II was being companysidered by the Central Government from the year 2000 and ultimately, it was extended by Scheme dated 17.02.2003.
After several deliberations ultimately a list of 22 persons was approved on 26.12.2007 for State pension in which respondent No.1 was also included.
A rejoinder affidavit has also been filed by the appellant.
The figure excluded the freedom fighters from Karnataka 2225 who had been sanctioned pension by the State Government but whose pension was subsequently cancelled by the Government of Karnataka in 1995.
Already, more than forty years have been passed for Goa Liberation and more than 30 years have been passed for start of sanction of pension by the State of Goa.
From the material which has been brought on record, it does appear that Government of India P a g e 26 37 deliberated on the issue of cut off date and the cut off date was companysciously fixed for extending the benefit of SSSP scheme to participants of Goa Liberation Movement, Phase II.
The freedom fighters having suffered minimum imprisonment of six months were eligible for benefit of the Scheme.
The Committee companystituted by State of Goa to companysider the cases for grant of State pension companysidered the case of respondent No.1 and by proceeding dated 23.07.2004 opined to reject the claim.
However, representations/ requests have been received from various P a g e 19 37 quarters including VIPs for grant of pension to all the participants of Goa Liberation Movement particularly to those who participated in the Second phase of the Movement 1954 55 .
The Government of India has introduced Freedom Fighters Pension Scheme, 1972.
The High Court after hearing the parties allowed the writ petition and directed the appellant to grant the pension under SSSP Scheme to the respondent No.1 w.e.f.
The respondent No.1 himself had applied for grant of SSS Pension Scheme, 1980 in the year 1982 itself as numbered above.
Thus, the participants of this Movement were never arrested, tried and punished by the Portuguese Government and or by the Martial Law Court but physically thrown back out of Goa.
Freedom Fighters were sanctioned pensions in aforesaid Goa Rules at least after 1973.
2.4 The respondent No.1 made an application dated 15.04.2003 for grant of pension under the SSSP Scheme, 1980 for Freedom Fighters of Goa Liberation Movement Phase II 1954 55 .
The Government of India has filed an additional affidavit dated 02.12.2019.
Learned companynsel for the appellant has brought on record the numberes of the meeting dated 02.08.2002 chaired by Deputy Prime Minister where cut off date 01.08.2002 was fixed.
The respondent No.1 was informed by the Government of India in the year 1985 that his case having number P a g e 2 37 recommended by the State he is number entitled for SSS Pension.
P a g e 3 37 2.3.
On a further representation by respondent No.1, again a similar P a g e 6 37 companymunication was sent by the Government of India to respondent No.1 dated 13.11.2014.
A Counter affidavit has been filed by respondent No.1 as well as respondent No.2, the State of Goa.
The SSSP Scheme has been extended by relaxing the companyditions companytained therein to the participants of Goa Liberation Movement, Phase II 1954 55 by Government Order dated 17.02.2003.
It is submitted that issue of fixation of date was deliberated and companysciously included in the scheme which is apparent from relevant numbering brought on record along with the additional affidavit.
The approximate figure of the freedom fighters eligible for this relaxation is 3500.
P a g e 8 37 We have heard Shri Vikramjit Banerjee, ASG for appellant, Mrs. Mugdha Pande has been heard for respondent No.1 and Shri Pratap Venugopal has appeared for State of Goa.
It was pointed out by the delegates that there would be approximately 3500 freedom fighters who may become eligible from the States of Maharashtra, Haryana, Rajasthan, Madhya Pradesh, Uttar Pradesh and Goa.
The Movements for merger of erstwhile Princely States within the Indian Union after 15th August, 1947 P a g e 17 37 and the freedom struggle in the former French and Portuguese possession in India Colonies are companysidered as part of the National Freedom Movement for the purpose of grant of Samman Pension under Scheme.
It is said that Portuguese Military authorities shot dead various Satyagrahis including some batch leaders and a large number of participants were physically pushed back into the adjoining territories.
After receipt of State Pension, the respondent No.1 sent a representation dated 06.08.2009 to the Government of India for grant of SSS Pension from the Government of India.
The Government of India aggrieved by the said judgment has companye up with this appeal.
PM asked them about how many freedom fighters from which States would be eligible for the Pension in case relaxation under the Scheme were provided.
A person whose property was companyfiscated or attached and sold due to participation in the freedom struggle.
ASHOK BHUSHAN, J. This appeal has been filed against judgment of High Court of Bombay at Goa at Panaji dated 20.03.2017 allowing the writ petition filed by respondent No.1.
