Freedom fighter pension claims must be tested by the Government under the Scheme, not by court-led reappreciation of evidence.

Where a pension scheme prescribes the documentary proof required to establish a freedom fighter claim, the sufficiency and genuineness of that proof are matters for the competent Government to assess under the Scheme. The Court cannot itself reappreciate evidence or substitute its own factual finding on imprisonment eligibility for the administrative determination. On the facts noted, the Government had already examined the claimant's documents and found them insufficient to prove imprisonment, so the High Court's independent appraisal of evidence was impermissible. The claimant's declaration as a freedom fighter and consequent pension claim therefore did not survive.

---

---

Issues: Whether entitlement to freedom fighters' pension could be declared by the Court on appreciation of evidence, or whether the sufficiency and genuineness of the documents produced had to be assessed by the Government under the Scheme.

Analysis: The Scheme itself prescribed the documents required to support the claim. The Government had already examined the material placed by the claimant pursuant to earlier directions and had concluded that the documents were not sufficient to establish imprisonment. The High Court, instead of confining itself to the legality of that administrative determination, entered into appreciation of evidence and found the claim proved.

Conclusion: The issue was decided in favour of the appellant. The Court held that it is for the Government to assess the sufficiency and genuineness of the documents under the Scheme, and the High Court could not substitute its own appraisal of evidence.

Final Conclusion: The writ petition failed and the claimant's declaration as a freedom fighter and consequent claim for pension did not survive.

Ratio Decidendi: Where a pension scheme specifies the documentary proof to be produced, the sufficiency and genuineness of that proof are for the competent Government to determine, and a court cannot itself undertake factual appreciation to declare eligibility.

---