Briefly stated, the facts of the present case are as follows The appellant is the widow of one Late Hari Kant Jha who had been accused and arrested in a criminal case emanating from freedom struggle movement of 9th August, 1942.
The Central Governments order dated 26.07.2000 was assailed by the appellant in C.W.J.C.No.9903 of 2001 filed before the High Court.
The said appeal was allowed by the Division Bench of the High Court by the impugned order holding that the Single Judge had allowed the claim of the appellant without numbericing that numberdocument was produced by the appellant proving the fact that the deceased remained underground for more than six months.
Declining the State Governments recommendation, the Central Government vide order dated 26.07.2000 rejected the appellants claim on the ground that the statutory mandate of serving minimum six months in detention was number fulfilled in the case of the deceased.
The deceased took part in the freedom struggle and allegedly remained absconding in this companytext from 16.08.1942 to 14.10.1944.
It was however, numbered in the recommendation letter as well as the jail certificate produced by the appellant that Hari Kant Jha was detained in jail for thirteen days only.
The State Government vide letter dated 06.04.1993 recommended for sanction of Freedom Fighter Honour Pension to the appellant.
The Central Government once again rejected the application of the appellant by order dated 15.11.2006, on the ground that the appellant did number produce any satisfactory primary or secondary evidence.
He was thereafter discharged from the case on 25.01.1945.
The Single Judge vide judgment and order dated 11.01.2011 disposed the writ petition on the ground that the findings of the Central Government are number in consonance with the observations of the High Court made in its order dated 25.08.2006 while disposing of C.W.J.C. No.9903 of 2001.
Challenging the order dated 15.11.2006, the appellant filed C.W.J.C. No.816 of 2008.
Late Hari Kant Jha filed an application seeking pension under Swatantrata Sainik Samman Pension Scheme, 1980 the Scheme , which was subsequently pursued by his wife that is the appellant herein.
The deceased was arrested on 14.10.1944 and remained in jail till he was released on bail on 27.10.1944.
BANUMATHI, J. Leave granted.
The present appeal by way of special leave impugns the final judgment and order dated 01.04.2015 passed by the High Court of Judicature at Patna in LPA No.1348 of 2012 whereby the High Court allowed the LPA No.1348 of 2012 filed by the respondents herein and thereby declined appellants claim of dependent family pension under Swatantrata Sainik Samman Pension Scheme, 1980.
The said order dated 11.01.2011 passed by the Single Judge in W.J.C. No.816 of 2008 was challenged by the respondents by way of appeal in LPA No.1348 of 2012.
