G.M. Lodha, Actg. C.J.
1. 'Patrika', a prestigious daily news paper of Rajasthan, carried an important story on Sept. 10, 1985 under the caption 'Sainik ki patni 40 sal se pension ke liye bhatak rahi hai'. The story attracted the attention of one of us and as it was a case of denial of pension to a widow of . alleged Indian National Army Hawaldar, who laid down his life for the motherland in Azad Hind Fauz of Netaji Subhash Chandra Bose for fighting the British Government, notice was taken by the Court on paper news only and it was treated as writ petition. Notices were issued to the various connected and concerned departments. The tragic tale and woeful story narrated by Smt. Rampyari relates back to the days when Netaji Subhash Chandra Bose formed the Azad Hind Fauz known as Indian National Army to obtain freedom of India by fighting British Government before independence in forties.
2. In Burma there was confrontation of Indian National Army with the British Army fighters and in action Havildar Major Birad Singh laid down his life in 1944. However, the respondents' case is that according to their register of casualties of Indian Army, he died on Nov. 1, 1948 in Far East. Mr. Gupta further pointed out that Birad Singh was a personnel of the Indian Army and not Indian National Army and his wife has been allowed family pension. In para. 5 Clause (b) the following payments are alleged to be made to the widow--
(i) Deferred pay Rs. 501/14 for the period from 4-1-1930 to 31-7-1946.
(ii) War gratuity Rs. 207/8 for the period from 3-9-1939 to 15-8-1946.
(iii) Final settlement of account Rs. 1968/9 paid to her son Ganpat Sing nominated to estate.
(iv) Special Family Allowance from 1-11-46 to 31-12-49.
(v) Family Pension @ Rs. 8/ per month w.e.f. 1-1-50. (She is also entitled to periodical increases sanctioned by the Government from time to time. Her present entitlement is Rs. 173.00 per month inclusive all increases).
(vi) Children allowance to three children @ Rs. 2/- per month to each child.
(vii) Ex-gratia award of death gratuity plus MO Commission Rs. 50.10 annas.
It is, however, contested that since she is claiming the pension as a member of the IndianNational Army, that cannot be allowed without proof.
3. We have considered the submissions of Mr. Gupta Before us today photo stat copies have been produced and original record has also been shown on behalf of the widow of Birad Singh. According to this record there is a certificate of the All India I.N.A. Committee, 82, Daryaganj, Delhi, which is dt. Nov. 11, 1985 mentioning that Birad Singh was a member of Indian National Army and is a political sufferer and is entitled to all the concessions allowed to other political sufferers vide Government of India, Ministry of Home Affairs letter No. 4/6/61-Ests. (C), dt. May 23, 1961, His particulars have been mentioned in which it has been shown that his rank was Havildar and he was in the Unit 7/6 Rajasthan Rifles earlier. The village is Banura of Sikar district, Tehsil Danta Ramgarh. In this very record there is yet another important document which clinches the issue and that is a recital in the Congress Centenanry Celebration where Birad Singh's photo was placed and the following citation was mentioned : --
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