{"id":73384,"date":"2000-08-31T00:00:00","date_gmt":"2000-08-30T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/ms-khazni-vs-union-of-india-ors-on-31-august-2000"},"modified":"2018-12-27T10:41:05","modified_gmt":"2018-12-27T05:11:05","slug":"ms-khazni-vs-union-of-india-ors-on-31-august-2000","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/ms-khazni-vs-union-of-india-ors-on-31-august-2000","title":{"rendered":"Ms. Khazni vs Union Of India & Ors. on 31 August, 2000"},"content":{"rendered":"
Delhi High Court<\/div>\n
Ms. Khazni vs Union Of India & Ors. on 31 August, 2000<\/div>\n
Author: N Nandi<\/div>\n
Bench: N Nandi<\/div>\n<\/p>\n
<\/pre>\n
ORDER<\/p>\n
 N.G. Nandi, J. <\/p>\n
1.   In this writ petition under Article 226 of the Constitution of  India,  the  petitioner prays for quashing of the impugned letters  dated  3.9.1991  and  8.5.1996 respectively and for writ of mandamus directing the  respondents  to  restore the F.F.Pension w.e.f. December, 1992 and  also  pay  the  arrears along with the interest thereto.\n<\/p>\n
2.   The  petitioner  is the widow of late Dheeru Ram who was  enrolled  as  combatant  soldier in the Indian Army on January, 5, 1930 in 2\/9 Jat  Regiment; that during the second world war, 2\/9 Jat Regiment is stated to  have  fought  against Japanese imperial forces and whole of the Regiment  surrendered to the Japanese forces on 15.2.1942; that 2\/9 Jat Regiment as a whole  joined  the INA on February 16, 1942 and the new Unit was known as 3  Guerrilla  Regiment and the deceased husband of the petitioner was promoted  to  the rank of Havaldar; Later on he died in action as it is reported in who’s  of Indian Martyrs; that the petitioner being legal widow of Ex.INA Havaldar  Dheeru  Ram  applied  for the grant of Freedom Fighter  Pension  under  the  Freedom  Fighter  Pension  Scheme, 1972; that the  petitioner  was  granted  Freedom  Fighter Pension w.e.f. 15.8.1972 vide letter dated 7.6.1974;  Also  this  fact was communicated by the Chairman, F.F.Assitt. Committee  Government of Haryana, Chandigarh to Choudhary Ranbir Singh (M.P.), the petitioner  being voter of Lok Sabha constituency of Ch. Ranbir Singh, vide  letter  dated 18.6.1974; that the petitioner has some difference with the villagers  and  there  are several villagers who were serving in records  of  the  Jat  Regiment and who were not happy with the petitioner. They manipulated  some  entries  in the record with the record office and managed to sent a  letter  to  the  Ministry of Home Affairs that Dheer Singh was not in  the  I.N.A.;  that  respondent no.1 asked for the documents and also suspended  the  F.F.  Pension  vide  letter dated September 3, 1991; that respondent No.  3  also  sent another letter dated 27.12.1991 stating therein that her husband  late  Dheeru  Ram  died in Malaya on 14.7.1942; that the Army  Hq.  prepared  the  record in 1956 which is based on surmises and conjectures and does not have  authenticity  as  the  communication between the Headquarter  and  the  Jat  Regiment  was  totally cut off and there was no means of  ascertaining  the  fact  regarding the date of death of any soldier. Also the record does  not  deny the fact as the same is accepted by the Government of India; that  the  2\/9  Jat  Regiment as a whole surrendered to Japanese  Imperial  forces  on  February 15, 1942 and then the 2\/9 Jat Regiment was renamed as 3  Guerrilla  Regiment;  that two affidavits of ex-soldiers of 2\/9 Jat Regiment who  personally  knew late husband of the petitioner, were submitted to  respondent  no.1; that respondent No. 2 made secret Magisterial inquiry and perusal  of  the  same  also  establishes that the late husband of  the  petitioner  was  freedom fighter.\n<\/p>\n
3.   The  respondents filed counter-affidavit and refuted the claim of  the  petitioner,  inter alia, contending that the real name of the late  husband  of  the  petitioner is Dheer Singh and not Dhiru Ram as  evident  from  the  voters  list  and election commission care; that the late  husband  of  the  petitioner No.10199, Ex-sappy Dhir Singh was enrolled in the 2\/9 Jat  Regiment  on 5.11.1930; that the husband of the petitioner died  on  14.7.1942;  that the duplicate discharge certificate dated 16.4.1968, Annexure R-1, was  submitted to the Ministry by the petitioner herself along with  representa- tion  dated  31.10.1973  and that in this  representation,  the  petitioner  herself submitted that her husband died in July, 1942 at Singapore; that on  the  basis  of documents annexed, Central F.F.Pension was  granted  to  the  petitioner  as the widow of Dhir Singh alias Dhiru Ram. However,  later  it  was revealed from the Army Records Office letter dated 27.6.1991 that  late  Sepoy  Dhir  Singh had never joined INA and that he was  reported  dead  on  14.7.1942;  that  the record office further stated  that  Smt.Khazani  Devi  (Petitioner) wife of the deceased was granted family pension at the rate of  Rs.8\/- per month w.e.f. 15.7.1942; that the Army record office has  reiterated that “As per records held in this office and informed several times to  all  concerned  that  No.10199 late Sep. Dhir Singh had  never  served  INA  whereas the above deceased individual died in Malaya on 14th July,  1942.”;  that  the  Army record office has further intimated that the name  of  late  Dhir  Singh  was found published at page No. 6, Serial No.189,  in  a  book  “REGISTER  OF  CASUALTIES INDIAN ARMY WORLD WAR II, VOLUME  XIII,  9TH  JAT  REGIMENT,  1956”. The above book was published by the Government of  India,  Ministry of defense; that it is a historical fact that the Indian troops of  “British  Army”  deployed in Malaya and Singapore  surrendered  before  the  Japanese  Army on 15.2.1942 and were made prisoners of war. It was only  in  September,  1942  that Ist INA, comprising of British  Army  Soldiers,  was  raised  by Gen.Mohan Singh. However, this INA was disbanded in  May,  1943.  The IInd INA, headed by Netaji Subhash Bose was raised only in July,  1943.  As late Sepoy Dhir Singh expired on 14.7.1942, the question of his  joining  INA does not arise; that only those ex-army personnel who had either joined  INA or had taken part in some specific mutinies (recognised by the  Government  of  India) are eligible for grant of Freedom Fighters’  Pension  from  Central Revenues. As the case of late Dhir Singh does not come under either  of  the  two  categories mentioned above, Central F.F.  Pension  cannot  be  granted to his widow i.e. the petitioner.\n<\/p>\n
4.   Annexure  P-3 dated 7.6.1974 is the copy of the application  submitted  by  the  petitioner for grant of pension from Central Revenues  to  freedom  fighters and their families. Annexure P-3a, dated 18.6.1974 is the communication  to  the petitioner regarding the grant of Freedom  Fighter  Pension  Rs.70\/- per month. In the said letter, it is also mentioned that the  petitioner  has been again informed that her husband was not a freedom  fighter  but he laid his life during second world war. Annexure P-4 is the  impugned  letter  dated 3.9.1991 whereby the petitioner was required to  produce  the  evidence  as regards i) proof of dismissal\/discharge from the Army  due  to  INA  activities;  ii) Number, rank and unit of  Regiment\/Battalion  of  the  Indian Army with which last worked; iii) Attested copy of letter issued  by  the Record office of the Regiment giving financial aid on account of restoration  of  forfeited pay and allowances. Annexure P-5 is the  order  dated  3.9.1991  whereby Freedom Fighter’s Pension to the petitioner as the  widow  of  the  deceased Dhir Singh has been suspended forthwith.  Annexure  P-18,  dated  8.5.1996 is the impugned order whereby the petitioner has  been  informed  that the sanction of family pension be treated as cancelled  w.e.f.  the  date it was sanctioned and the amount Rs.76,310.40 drawn by the  petitioner from 15.8.1972 to 31.10.1992 has been ordered to be recovered.\n<\/p>\n
5.   Annexure  R-1 is the copy of the service documents in respect  of  deceased  husband of the petitioner. Perusal of the same suggests  that  Dhir  Singh was the member of 2\/9 Jat Regiment and he was discharged on 14.7.1942  by  reason of death. Thus, according to Annexure R-1, petitioner’s  husband  died  on  14.7.1942. Annexure R-2 is the representation by  the  petitioner  wherein  it is stated that the petitioner’s husband died in July,  1942  at  Singapore. Annexures R-4, R-5 & R-6 are the Army record according to  which  No.10199  late  Sepoy Dhir Singh had never served I.N.A.  whereas  deceased  Dhir Singh died in Mallaya on 14.7.1942.\n<\/p>\n
6.   According  to the respondents, Indian troops of British Army  deployed  in Malaya and Singapore surrendered before the Japanese Army on  15.2.1942.  The  first  INA, comprising of British Army soldiers  raised  by  Gen.Mohan  Singh  was disbanded in May, 1943 and the second INA headed by Netaji  Subhash  Bose  was  raised in July, 1943. It is not  much  disputed  that  the  petitioner’s husband late Dhir Singh died on 14.7.1942.\n<\/p>\n
7.   Considering  Annexures R-1, R-2, R-4, 5 & 6, it does not  appear  that  the deceased Dhir Singh was a member of I.N.A., when first I.N.A. formed in  September, 1942 having been disbanded in May, 1943 and therefore the  petitioner  as the widow of deceased Dhir Singh cannot be entitled  to  Freedom  Fighters Pension and the grant of Freedom Fighters Pension to the petitioner  would be liable to be withdrawn\/cancelled and therefore, no  relief  as  regards Annexure P-4 dated 3.9.1991 has been granted to the petitioner.\n<\/p>\n
8.   Vide  impugned  order  dated 8.5.1996, Annexure  P-18  the  amount  of  Rs.76,310.40 is sought to be recovered from the petitioner. The  petitioner  having  received  this  amount pursuant to the grant  of  Freedom  Fighters  Pension  as the widow of the deceased Dhir Singh, 2\/9 Jat Regiment,  in  my  opinion,  the respondents would not be entitled to enforce recovery of  the  same  as  the amount has been received by the petitioner  pursuant  to  the  orders  in  this behalf. The respondents while issuing  Annexure  P-2,  and  communicating  the grant of Freedom Fighters Pension to the  petitioner  as  the widow of the deceased Dhir Singh, should have verified the position  as  regards entitlement to the grant of Freedom Fighters Pension.\n<\/p>\n
9.   It is pertinent to note that pension of Rs. 70\/- granted vide annexure  P-3 was enhanced to Rs.100\/- per month subsequently w.e.f. 1.10.1976. It is  only by the communication dated 3.9.1991, Annexure P-4, the petitioner  has  been  informed  that she was not eligible for grant of  pension  under  the  Freedom  Fighter  Pension Scheme as her deceased husband never  joined  the  I.N.A.  and  that grant of Freedom Fighter Pension Rs.70\/-  per  month  was  provisional  subject of adjustment of said pension. Now as per Annexure  P- 3a,  dated  18.6.1974, if the husband of the petitioner was not  a  freedom  fighter  and  was not covered in the Freedom Fighter Pension  Scheme,  then  Freedom  Fighters  Pension should not have been granted at  all  much  less  enhancement  from  Rs.70\/-  to  Rs.100\/- per  month.  The  respondents  are  estopped from seeking recovery which would, in my opinion, would disentitle  the respondents to enforce recovery of the amount received by the petitioner  and for that reason, the impugned order dated 8.5.1996 is liable to  be  quashed as no recovery can be effected against the petitioner.\n<\/p>\n
     In  the  result, the petition partly succeeds to the extent  that  the  impugned order No. 16\/R\/2699\/72-FF(INA) dated 8.5.1996 seeking recovery  of  F.F. Pension amount received by the petitioner, deserves to be quashed.\n<\/p>\n
     Order accordingly.<\/p>\n","protected":false},"excerpt":{"rendered":"
Delhi High Court Ms. Khazni vs Union Of India & Ors. on 31 August, 2000 Author: N Nandi Bench: N Nandi ORDER N.G. Nandi, J. 1. In this writ petition under Article 226 of the Constitution of India, the petitioner prays for quashing of the impugned letters dated 3.9.1991 and 8.5.1996 respectively and for writ […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[14,8],"tags":[],"class_list":["post-73384","post","type-post","status-publish","format-standard","hentry","category-delhi-high-court","category-high-court"],"yoast_head":"\nMs. Khazni vs Union Of India & Ors. on 31 August, 2000 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/ms-khazni-vs-union-of-india-ors-on-31-august-2000\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Ms. Khazni vs Union Of India & Ors. on 31 August, 2000 - 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